Delegated Powers and Law Reform Committee

Meeting date: Tuesday, June 18, 2019

Official Report 451KB pdf

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Instruments subject to Negative Procedure

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Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (SSI 2019/193)

The regulations make provision for a new scheme that will replace the United Kingdom healthy start vouchers in Scotland. The aim of the scheme is to help and encourage low-income pregnant women and families with children under three who are in receipt of certain benefits to have access to healthy foods.

The meaning of regulation 18, which concerns the level of fine for an offence relating to failing to notify a change in circumstances or to produce a payment card, could be made clearer. Details are available in our published papers. The Scottish Government has acknowledged that concern and has made a commitment to lay an amending instrument to clarify the regulation.

Does the committee wish to draw the regulations to the attention of the Parliament on reporting ground (h), as the meaning of one of them could be made clearer?

Members indicated agreement.

Does the committee wish to welcome the Scottish Government’s undertaking to lay an amending instrument to clarify the drafting of regulation 18?

Members indicated agreement.

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Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Amendment Regulations 2019 (SSI 2019/204)

The instrument rectifies two relatively minor errors that were identified by the committee at its meeting on 21 May. Because it was laid before the Parliament on 11 June and comes into force on 28 June, 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 date on which it comes into force. The reasons for the breach are set out in correspondence with the Presiding Officer, which is available in our published papers. Standing orders require the committee to draw to the Parliament’s attention any failure to respect the 28-day laying requirement.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), as it fails to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?

Members indicated agreement.

Is the committee content that the failure to comply with section 28(2) of the 2010 act is acceptable in the circumstances?

Members indicated agreement.

No points have been raised on the following three instruments.

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Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No 2) Regulations 2019 (SSI 2019/190)

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National Assistance (Assessment of Resources) Amendment (Scotland) (No 2) Regulations 2019 (SSI 2019/191)

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Private Landlord Registration (Information) (Scotland) Regulations 2019 (SSI 2019/195)

Is the committee content with the instruments?

Members indicated agreement.