Justice Committee

Meeting date: Tuesday, December 5, 2017

Official Report 559KB pdf

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Subordinate Legislation

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Police Pension Scheme (Scotland) Amendment Regulations 2017 (SSI 2017/387)

Agenda item 4 is consideration of three instruments that are subject to negative procedure. I refer members to the note by the clerk. The first instrument is the Police Pension Scheme (Scotland) Amendment Regulations 2017 (SSI 2017/387). Do members have any comments?

I would like to declare an interest. I am in receipt of a police pension, although the regulations will not apply to me.

That is duly noted. Thank you.

Do members agree that the committee will make no recommendation on the instrument?

Members indicated agreement.

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Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2017 (SSI 2017/393)

Do members have any comments on the second instrument?

I was hoping to get some clarity about the instrument. It is a challenging ambition to have smoke-free prisons by November 2018. My question is about the definition of smoking, which includes nicotine vapour products. I seek some clarity about whether that means that the same rule for the 30-minute clearing of the cell before an officer enters and the November 2018 target will apply to nicotine vapour products.

Would you be satisfied if we were to seek more information, but approve the regulations in principle?

Yes. Some clarity on that point would be helpful.

The clerks will seek that information from the minister.

Do members agree that the committee will make no recommendation on the instrument?

Members indicated agreement.

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First-tier Tribunal for Scotland Health and Education Chamber and General Regulatory Chamber Charity Appeals (Procedure) (Miscellaneous Amendments) Regulations 2017 (SSI 2017/398)

If members have no comments on the third instrument, do we agree that the committee will make no recommendation on the instrument?

Members indicated agreement.