Delegated Powers and Law Reform Committee
Meeting date: Tuesday, November 1, 2022
Official Report 534KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Moveable Transactions (Scotland) Bill: Stage 1
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
Instruments subject to Negative Procedure
Under item 4, we are considering two instruments. An issue has been raised on the following instrument.
Scottish Child Payment (Saving Provisions) Regulations 2022 (SSI 2022/302)
The instrument makes savings provisions in connection with the amendments that will be made by the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 to the Scottish Child Payment Regulations 2020.
The savings provisions will ensure that the higher weekly rate of the Scottish child payment of £25 applies only to periods of entitlement that fall on or after 14 November 2022, and that an individual’s entitlement to a double payment where a child dies does not apply where the child in question dies before 14 November 2022.
In correspondence with the Presiding Officer, the Scottish Government explained that, following an issue having been identified, it was necessary to breach the 28-day rule so that the savings provisions will come into force at the same time as the substantive provisions. That will ensure that the policy intent is delivered, and it will prevent there being a gap between the substantive changes to the law and the coming into force of savings provisions on a later date.
Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments that are subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days.?The instrument breaches that requirement, as it was laid on 26 October 2022 and will come into force on 14 November 2022.?
Does the committee wish to draw the instrument to the attention of Parliament on reporting ground (j), for failure to comply with laying requirements? At the same time, does the committee wish to note that the instrument makes necessary savings provisions in order to give full effect to the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022?
Members indicated agreement.
Also under this item, no points have been raised on the following instrument.
Town and Country Planning (Miscellaneous Amendment) (Scotland) Regulations 2022 (SSI 2022/286)
Is the committee content with the instrument?
Members indicated agreement.
11:11 Meeting continued in private until 12:23.