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Debates and questions

Delegated Powers and Law Reform Committee 09 May 2017

The agenda for the day:

Instruments subject to Affirmative Procedure, Instruments subject to Negative Procedure, Instruments not subject to Parliamentary Procedure.

Instruments subject to Affirmative Procedure

Instruments subject to Affirmative Procedure
Public Services Reform (Corporate Insolvency and Bankruptcy) (Scotland) Order 2017 [Draft]

The Convener (John Scott)

Good morning, everyone. I welcome members to the Delegated Powers and Law Reform Committee’s 15th meeting in 2017. We have apologies from David Torrance, who is unable to join us.

Under agenda item 1, no points have been raised by our legal advisers on the draft Public Services Reform (Corporate Insolvency and Bankruptcy) (Scotland) Order 2017. Is the committee content with it?

Members indicated agreement.

Instruments subject to Negative Procedure

Instruments subject to Negative Procedure
Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2017 (SSI 2017/120)

The Convener

The first instrument under agenda item 2 is on planning fees.

Monica Lennon (Central Scotland) (Lab)

I draw the committee’s attention to my entry in the register of members’ interests. Although I am not a practising planner, I am a member of the Royal Town Planning Institute.

The Convener

Many thanks.

The purpose of the regulations is to amend the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 (SSI 2004/219) to increase certain planning fees.

Our legal advisers have identified that SSI 2017/120 appears to be defectively drafted in two respects. First, the fee level in respect of sites with an area exceeding 7.6 hectares for planning applications connected with exploratory drilling for oil or natural gas is incorrect. There is an error in the specification of the fee in paragraph 8(b) of the schedule, as the figure of £30,240 should in fact be £30,476. Secondly, the regulations omit to amend paragraph 14 of schedule 1 to SSI 2004/219 to reflect the increased fees that are set out in the new table of fees in SSI 2017/120.

Accordingly, does the committee agree to draw the regulations to the Parliament’s attention under reporting ground (i), as they appear to be defectively drafted in two respects for the reasons that I have outlined?

Members indicated agreement.

The Convener

Does the committee also agree to welcome the Scottish Government’s intention to lay an amending instrument to rectify the errors before the regulations come into force on 1 June 2017?

Members indicated agreement.

The Convener

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

Regulation of Scallop Fishing (Scotland) Order 2017 (SSI 2017/127)

M9/A90/M90 Trunk Road (Kirkliston to Halbeath) (Variable Speed Limits and Actively Managed Hard Shoulder) Amendment Regulations 2017 (SSI 2017/128)

Cattle Identification (Scotland) Amendment Regulations 2017 (SSI 2017/133)

National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2017 (SSI 2017/134)

National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2017 (SSI 2017/135)

Scottish Landfill Tax (Administration) Amendment Regulations 2017 (SSI 2017/139)

The Convener

Is the committee content with the instruments?

Members indicated agreement.

Instruments not subject to Parliamentary Procedure

Instruments not subject to Parliamentary Procedure

The Convener

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

Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Competition Proceedings) 2017 (SSI 2017/130)

Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Vexatious Actions) 2017 (SSI 2017/131)

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Curators ad litem) 2017 (SSI 2017/132)

The Convener

Is the committee content with the instruments?

Members indicated agreement.

10:05 Meeting continued in private until 10:09.