Delegated Powers and Law Reform Committee
Meeting date: Tuesday, September 4, 2018
Official Report 617KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instruments/documents laid for Consultation
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Council Tax Reduction (Scotland) Amendment (No 2) Regulations 2018 (SSI 2018/211)
The first instrument for consideration under agenda item 4 is SSI 2018/211.
The regulations make further amendments to the Council Tax Reduction (Scotland) Regulations 2012 (SSI 2012/203) and the Council Tax Reduction State Pension Credit (Scotland) Regulations 2012 (SSI 2012/319), which are the principal regulations.
Our legal advisers suggest that the regulations raise a devolution issue for the same reason as was discussed by the committee when previously considering the principal regulations and subsequent amending instruments, which is that the regulations may relate to matters that are reserved by section F1 of part 2 of schedule 5 to the Scotland Act 1998, in relation to social security schemes.
It is recognised that the Scottish Government takes a contrary view. “Exception 10” has been inserted into the social security reservation in the Scotland Act 1998. That exception has given the Scottish Parliament powers to create benefit schemes in areas of devolved responsibility where the requirements of the exception are satisfied—including that the scheme must be funded from the Scottish consolidated fund.
In relation to the Council Tax Reduction (Scotland) Amendment Regulations 2017 (SSI 2017/41) and the Council Tax Reduction (Scotland) Amendment (No 2) Regulations 2017 (SSI 2017/326), the committee suggested to the Scottish Government that framing a new discrete scheme could avoid the committee’s concern, were that scheme to comply with the requirements of exception 10. The committee also highlighted that a new discrete scheme would have a further benefit of accessibility to readers, if consolidated regulations could be produced, as that was the 14th amending instrument. The principal regulations are well in need of consolidation.
On 7 February 2018, the Cabinet Secretary for Finance and the Constitution wrote to me expressing the view that consolidation of the principal regulations was not essential. However, the cabinet secretary committed to updating the committee on potential ways forward for the council tax reduction scheme, in the light of changes to both the reserved and devolved benefits systems, and said that that would be done in the
“late summer of this year”.
Do members have any comments?
Members: No.
Does the committee wish to draw the regulations to the attention of Parliament on reporting ground (f), on the basis that they raise a devolution issue? My view is that we should, so I have a proposition that we can put to a vote.
The proposition is, that the committee considers that the regulations raise a devolution issue and should be drawn to the attention of the Parliament on that basis. Are we agreed?
Members: No.
There will be a division.
For
Findlay, Neil (Lothian) (Lab)
Harris, Alison (Central Scotland) (Con)
Simpson, Graham (Central Scotland) (Con)
Against
Arthur, Tom (Renfrewshire South) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
The result of the division is: For 3, Against 2, Abstentions 0.
The proposition is agreed to.
Is the committee also content to write again to the finance secretary to obtain an update, in light of the earlier commitment?
Members indicated agreement.
No points have been raised on the following instruments.
Letting Agent Registration (Scotland) Amendment Regulations 2018 (SSI 2018/196)
National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (SSI 2018/212)
Firefighters’ Pension Scheme (Scotland) Amendment Order 2018 (SSI 2018/215)
Firemen’s Pension Scheme (Amendment) (Scotland) Order 2018 (SSI 2018/216)
Regulation of Investigatory Powers (Prescription of Offices, etc and Specification of Public Authorities) (Scotland) Amendment Order 2018 (SSI 2018/218)
Scalpay Island, Isle of Skye, Scallops Several Fishery Order 2018 (SSI 2018/245)
Licensing (Fees) (Scotland) Amendment Regulations 2018 (SSI 2018/256)
Scottish Administration (Offices) Order 2018 (SI 2018/781)
CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018 (SI 2018/841)
Is the committee content with the instruments?
Members indicated agreement.