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Under agenda item 3, we are considering four instruments. Issues have been raised on two of the instruments.
Teachers’ Pensions (Remediable Service) (Scotland) Amendment (No 2) Regulations 2025 (SSI 2025/197)
The instrument corrects outstanding errors in the Teachers’ Pensions (Remediable Service) (Scotland) Regulations 2023 (SSI 2023/141) that were not corrected by the previous amending instrument.
In correspondence with the Scottish Government, which was published alongside the papers for this meeting, the committee asked why there was no headnote providing that the instrument would be issued free of charge, which would be expected, given that the sole purpose of the instrument is to correct errors. The Scottish Government confirmed that that was an oversight that would be corrected and that any costs incurred by purchasers would be refunded.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground of not including the appropriate headnote for a correcting instrument?
Members indicated agreement.
Does the committee wish to welcome that the instrument fulfils commitments by the Scottish Government to correct errors that the committee identified in SSI 2023/141?
Members indicated agreement.
Council Tax Reduction (Miscellaneous Amendment) (Scotland) (No 4) Regulations 2025 (SSI 2025/212)
The instrument makes amendments to ensure that, subject to the conditions set out in the instrument, people coming to Scotland from Israel, the occupied Palestinian territories—the West Bank, including East Jerusalem, and Gaza—or the occupied Golan Heights, are not excluded automatically from entitlement to council tax reduction on account of not being habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. This is in light of the escalation of violence between Israel and Iran that began on 13 June 2025.
Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments 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 this requirement, as it was laid on 24 July 2025 and came into force the next day.
As required under the 2010 act, the Scottish Government has set out its reasons for this breach in a letter to the Presiding Officer, which will be published in the committee’s report on subordinate legislation that is considered at today’s meeting. The letter explains that, although the need for such regulations became clear in the days following the escalation of violence on 13 June, there was not sufficient time to prepare them prior to recess beginning on 28 June and, as such, it was necessary to make them during recess. The letter also states that the Government considered it necessary for the instrument to be made on that timescale due to the urgent need for support for people fleeing the violence.
Does the committee wish to draw the instrument to the attention of the Parliament under reporting ground (j), for failure to lay the instrument in accordance with section 28(2) of the Interpretation of Legislative Reform (Scotland) Act 2010?
Members indicated agreement.
Is the committee satisfied with the reasons provided by the Scottish Government for its failure to comply with the laying requirements?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following two instruments.
Firefighters’ Pensions (Remediable Service) (Scotland) Amendment (No 2) Regulations 2025 (SSI 2025/187)
Vehicle Emissions Trading Schemes (Amendment) Order 2025 (SI 2025/678)
Is the committee content with the instruments?
Members indicated agreement.
In relation to SSI 2025/187, does the committee wish to welcome that the instrument fulfils commitments by the Scottish Government to correct errors that the committee identified in the Firefighters’ Pensions (Remediable Service) (Scotland) Regulations 2023 (SSI 2023/242) and the Firefighters’ Pensions (Remediable Service) (Scotland) Amendment Regulations 2025 (SSI 2025/113)?
Members indicated agreement.