Delegated Powers and Law Reform Committee
Meeting date: Tuesday, February 20, 2018
Official Report 474KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Planning (Scotland) Bill: Stage 1
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
- Islands (Scotland) Bill
Instruments subject to Negative Procedure
Carers (Scotland) Act 2016 (Review of Adult Carer Support Plan and Young Carer Statement) Regulations 2018 (SSI 2018/33)
The first instrument for consideration under agenda item 4 is a set of regulations relating to the Carers (Scotland) Act 2016. Regulation 4 defines what a material impact on the care provided by a carer may include “for the purpose of regulations 2(d) and 3(f)”. However, there is no regulation 2(d) or 3(f). The only references to “material impact” in the instrument are contained in regulations 2(c) and 3(c). Given the meaninglessness of the reference to regulations 2(d) and 3(f), the committee could recommend that the error be corrected by means of an amendment.
Does the committee agree to draw the regulations to the attention of the Parliament on the general reporting ground, as there is a drafting error in the instrument?
Members indicated agreement.
No points have been raised by our legal advisers on the following 18 instruments.
Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Services) (Protected Adults) Amendment Regulations 2018 (SSI 2018/28)
Self-directed Support (Direct Payments) (Scotland) Amendment Regulations 2018 (SSI 2018/29)
Carers (Waiving of Charges for Support) (Scotland) Amendment Regulations 2018 (SSI 2018/31)
Carers (Scotland) Act 2016 (Short Breaks Services Statements) Regulations 2018 (SSI 2018/32)
Conservation of Salmon (Scotland) Amendment Regulations 2018 (SSI 2018/37)
Local Governance (Scotland) Act 2004 (Remuneration) Amendment Regulations 2018 (SSI 2018/38)
Council Tax (Discounts) (Scotland) Amendment Regulations 2018 (SSI 2018/39)
Carbon Accounting Scheme (Scotland) Amendment Regulations 2018 (SSI 2018/40)
National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2018 (SSI 2018/41)
Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Amendment (No 2) Regulations 2018 (SSI 2018/42)
National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2018 (SSI 2018/43)
Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2018 (SSI 2018/44)
Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2018 (SSI 2018/45)
Non-Domestic Rate (Scotland) Order 2018 (SSI 2018/46)
Personal Injuries (NHS Charges) (Amounts) (Scotland) Amendment Regulations 2018 (SSI 2018/47)
Premises Licence (Scotland) Amendment Regulations 2018 (SSI 2018/49)
Scottish Road Works Register (Prescribed Fees) Amendment Regulations 2018 (SSI 2018/50)
Duty of Candour Procedure (Scotland) Regulations 2018 (SSI 2018/57)
Is the committee content with the instruments?
Members indicated agreement.