Delegated Powers and Law Reform Committee

Meeting date: Tuesday, February 20, 2018

Official Report 474KB pdf

Instruments subject to Affirmative Procedure

Equality Act 2010 (Authorities subject to the Socio-economic Inequality Duty) (Scotland) Regulations 2018 [Draft]

Agenda item 3 is consideration of instruments subject to affirmative procedure. Section 1 of the Equality Act 2010 applies to Scotland, England and Wales, although it has been commenced only in relation to Scotland. Subsection 3 contains a list of authorities that are subject to a duty under subsection (1). Regulation 2(2) substitutes the list of authorities in section 1(3) of the 2010 act. However, the power conferred on Scottish ministers by section 2(4) of the 2010 act permits the addition or removal of “relevant authorities” from the list of authorities in section 1(3). Accordingly, regulation 2(2) can have effect only to add to the list of authorities in respect of Scottish authorities.

Does the committee agree to draw the instrument to the attention of the Parliament on reporting ground (g), as regulation 2(2) has been made by what appears to be an unusual or unexpected use of the powers conferred by the parent statute?

Members indicated agreement.

No points have been raised by our legal advisers on the following two instruments.

Budget (Scotland) Act 2017 Amendment Regulations 2018 [Draft]

Carers (Scotland) Act 2016 (Adult Carers and Young Carers: Identification of Outcomes and Needs for Support) Regulations 2018 [Draft]

Is the committee content with the instruments?

Members indicated agreement.