Delegated Powers and Law Reform Committee
Meeting date: Tuesday, April 18, 2017
Official Report 410KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Contract (Third Party Rights) (Scotland) Bill: Stage 1
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Damages (Personal Injury) (Scotland) Order 2017 (SSI 2017/96)
Agenda item 4 is consideration of instruments subject to negative procedure. The order was laid before the Parliament on 27 March 2017 and came into force on 28 March 2017. It does not respect the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument.
Accordingly, does the committee agree to draw the order to the attention of the Parliament under reporting ground (j)?
Members indicated agreement.
The order fails to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Does the committee also agree to find the failure to comply with section 28(2) to be acceptable in the circumstances, as outlined in correspondence from the Scottish Government contained within our papers?
Members indicated agreement.
Bankruptcy Fees (Scotland) Revocation Regulations 2017 (SSI 2017/97)
The regulations were made and laid before the Parliament on 27 March 2017 and came into force on 28 March 2017. They also do not respect the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument.
Accordingly, does the committee agree to draw the regulations to the attention of the Parliament under reporting ground (j), as there has been a failure to lay the regulations in accordance with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?
Members indicated agreement.
Does the committee agree to find the failure to comply with section 28(2) to be acceptable in the circumstances as outlined in correspondence from the Scottish Government contained within our papers?
Members indicated agreement.
No points have been raised by our legal advisers on the following two instruments.
Regulation of Care (Social Service Workers) (Scotland) Amendment Order 2017 (SSI 2017/95)
Common Agricultural Policy (Direct Payments etc) (Scotland) Amendment Regulations 2017 (SSI 2017/98)
Is the committee content with the instruments?
Members indicated agreement.
I am not certain whether I should declare an interest at this point, but I would probably be well advised to declare that, as a farmer, I am affected by the common agricultural policy direct payment schemes.