Official Report 408KB pdf
10:01
Under agenda item 2, we are considering seven instruments, on which no points have been raised.
Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026 [Draft]
First-tier Tribunal for Scotland Local Taxation Chamber (Rules of Procedure and Composition) (Miscellaneous Amendment) Regulations 2026 [Draft]
Domestic Abuse (Protection) (Scotland) Act 2021 (Consequential and Supplementary Amendments) Regulations 2026 [Draft]
Land and Buildings Transaction Tax (Co-ownership Authorised Contractual Schemes) (Scotland) Regulations 2026 [Draft]
Public Procurement (India Trade Agreement) (Miscellaneous Amendment) (Scotland) Regulations 2026 [Draft]
Scotland Act 1998 (Modification of Schedule 5) Order 2026 [Draft]
Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2026 [Draft]
Is the committee content that no reporting grounds are engaged?
Members indicated agreement.
In relation to the draft Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026, does the committee wish to welcome that the Scottish Government proposes to amend the policy note to explain that regulations 5(3)(i) and 5(4), which amend references to “the 2024 Regulations”, are correcting previous errors?
Members indicated agreement.
Also in relation to those regulations, does the committee wish to welcome that the Scottish Government intends, at the next suitable legislative opportunity, to correct other erroneous references to “the 2024 Regulations” in the Civil Legal Aid (Scotland) Regulations 2002, and to address a minor drafting point on regulation 6(4)(b)?
Members indicated agreement.
Does the committee wish to note that the draft Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2026 has been withdrawn and relaid twice—first, due to errors identified by the responsible minister and, subsequently, following questions raised by the committee with the Scottish Government?
Members indicated agreement.
In relation to the draft Scotland Act 1998 (Modification of Schedule 5) Order 2026, does the committee wish to write to the lead committee and the Scottish Government to highlight that, in addition to this order, further subordinate legislation would also be expected in the United Kingdom Parliament in relation to the Assisted Dying for Terminally Ill Adults (Scotland) Bill, and that the approach proposed may result in some scrutiny challenges for the Scottish Parliament?
Members indicated agreement.