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Debates and questions

Delegated Powers and Law Reform Committee 12 June 2018

The agenda for the day:

Instruments subject to Negative Procedure.

Instruments subject to Negative Procedure

Instruments subject to Negative Procedure
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Scotland Act 1998 (Agency Arrangements) (Specification) Order 2018 (SI 2018/626)

The Deputy Convener (Stuart McMillan)

Good morning and welcome to the 21st meeting in 2018 of the Delegated Powers and Law Reform Committee. We have received apologies from Graham Simpson, and Bill Bowman is substituting for him. Good morning, Bill.

Under agenda item 1, we have two negative instruments to consider, the first of which is SI 2018/626. Regulation 4(2) of the Scotland Act 2016 (Transitional) Regulations 2017 (SI 2017/444) enables up to four dates to be specified earlier than a default date of 31 March 2020 in respect of when provisions of an act of the Parliament related to certain types of benefit would be commenced. Those provisions relate to disability benefits, severe disablement benefit, industrial injuries benefits and carers benefits.

The Scottish Government has confirmed that the policy intention is that the order would be commenced on the same day on which the first of those provisions would be commenced for any purpose, which is expected to be when the relevant provisions of the Social Security (Scotland) Act 2018 are commenced in relation to carers allowance. The meaning of the commencement provision in article 2 could be clearer, because the policy intention is not clearly expressed by the words

“immediately after the end of the period determined in accordance with regulation 4”.

Does the committee wish to draw the order to the attention of the Parliament on reporting ground (h), as the meaning of article 2, on commencement, could be clearer?

Members indicated agreement.

The Deputy Convener

Does the committee wish to recommend that further consideration be given to whether article 2 needs to be amended to deliver the policy intention more clearly, given the significance of the arrangements in the order?

Members indicated agreement.

Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (SSI 2018/182)

The Deputy Convener

No points have been raised on the instrument. Is the committee content with it?

Members indicated agreement.

The Deputy Convener

That ends the public part of the meeting.

10:08 Meeting continued in private until 10:59.