Delegated Powers and Law Reform Committee
Meeting date: Tuesday, June 7, 2022
Official Report 431KB pdf
Contents
- Attendance
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
Instruments subject to Negative Procedure
Under agenda item 2, we are considering seven instruments. An issue has been raised on the following instrument.
St Mary’s Music School (Aided Places) (Scotland) Amendment Regulations 2022 (SSI 2022/173)
The instrument amends the St Mary’s Music School (Aided Places) (Scotland) Regulations 2015. The amendments make provision to maintain eligibility for aided places for European Economic Area nationals and their children who were resident in the British Islands before the end of the European Union withdrawal transition period.
The regulations also amend the income levels that determine eligibility for financial assistance and extend eligibility to displaced Ukrainian nationals who are taking part in a United Kingdom Government relocation scheme.
In correspondence with the committee, the Scottish Government confirmed that it is the parent, and not the grandparent, of a child who must be eligible for a remission of fees to meet the criteria for an aided place at the school. Nevertheless, the Government accepted that there may be some ambiguity as a result of the drafting of the instrument. The Scottish Government intends to clarify that ambiguity at the next available opportunity and, in any event, in time for the following school year.
Does the committee wish to draw regulation 2(2)(a) of the instrument to the attention of the Parliament on reporting ground (h), on the basis that the meaning of the residency criteria applying to children of EEA nationals in new paragraph 2(1)(ba) of schedule 1 to the 2015 regulations could be clearer?
Members indicated agreement.
At the same time, does the committee wish to welcome that the Scottish Government intends to clarify the ambiguity at the next available opportunity and, in any event, in time for the following school year?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instruments.
Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2022 (SSI 2022/167)
Novel Foods (Authorisations) and Smoke Flavourings (Modification of Authorisations) (Scotland) Regulations 2022 (SSI 2022/168)
National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2022 (SSI 2022/169)
National Health Service (Vocational Training for Dentists) (Miscellaneous Amendment) (Scotland) Regulations 2022 (SSI 2022/170)
Education (Scotland) Act 1980 (Modification) Regulations 2022 (SSI 2022/172)
Seed (Fees) (Scotland) Amendment Regulations 2022 (SSI 2022/186)
Is the committee content with the instruments?
Members indicated agreement.
The committee’s next meeting will take place on Tuesday 14 June.
Meeting closed at 10:03.