Delegated Powers and Law Reform Committee

Meeting date: Tuesday, September 19, 2023

Official Report 464KB pdf

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Instruments subject to Negative Procedure

Under agenda item 3, we are considering eight instruments. Issues have been raised on the following five instruments.

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Police Pensions (Remediable Service) (Scotland) Regulations 2023 (SSI 2023/239)

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Local Government Pension Scheme (Remediable Service) (Scotland) Regulations 2023 (SSI 2023/240)

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Teachers’ Pensions (Remediable Service) (Scotland) Regulations 2023 (SSI 2023/241)

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Firefighters’ Pensions (Remediable Service) (Scotland) Regulations 2023 (SSI 2023/242)

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National Health Service Pension Schemes (Remediable Service) (Scotland) Regulations 2023 (SSI 2023/246)

The five instruments form a package relating to Scottish public sector pension schemes and are the legislative response to a Court of Appeal decision that is known as the McCloud judgment, on discrimination in transitional protection arrangements.

In relation to all five instruments, does the committee wish to draw them to the attention of the Parliament on reporting ground (j), which is the failure to lay an instrument in accordance with laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010, as they have all breached the 28-day requirement?

Members indicated agreement.

Does the committee wish to indicate that it is content with the explanation that the Scottish Government has provided for the breaches of the laying requirement?

Members indicated agreement.

In relation to Scottish statutory instrument 2023/239, on police pensions, does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), that the meaning could be clearer, in that the references in regulations 10(c), 13(4), 16(b) and paragraph 1(1) of the schedule could be to defined terms; and that, in paragraph 3 of the schedule, the eligible decision maker is a guardian only, but it appears that this should also include a parent?

Members indicated agreement.

Does the committee also wish to draw the instrument to the attention of the Parliament on the general reporting ground, in that, in the preamble, the reference to paragraph 7(a) of schedule 2 to the 2013 act should be to paragraph 7(b), and in respect of incorrect references in regulations 18(2) and 24(1)(b)(i) and in paragraph 1(1) of the schedule?

Members indicated agreement.

Does the committee wish to note that the Scottish Government proposes to correct the error in the preamble by correction slip and to address the other points raised by way of an amending instrument?

Members indicated agreement.

In relation to SSI 2023/240, on local government pensions, does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, for the erroneous references to the Local Government Pension Scheme (Transitional Protection Remedy) (Scotland) Regulations 2023 in regulations 2(4), 3(13), 3(15) and 13(4) of the instrument?

Members indicated agreement.

Does the committee wish to note that the Scottish Government intends to correct the errors by correction slip?

Members indicated agreement.

In relation to SSI 2023/241, on teachers’ pensions, does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), that the meaning could be clearer, in that references in regulations 2(1) and 46(7) and paragraph 1(1) of the schedule could be to defined terms; and that, in paragraph 3 of the schedule, the eligible decision maker is a guardian only, but it appears that this should also include a parent?

Members indicated agreement.

Does the committee also wish to draw the instrument to the attention of the Parliament on the general reporting ground, in respect of incorrect references in regulations 23, 55(1)(b), 63(1)(c), 64(2) and 64(5)?

Members indicated agreement.

Does the committee wish to note that the Scottish Government proposes to address those matters in the next amending instrument?

Members indicated agreement.

In relation to SSI 2023/242, on firefighters’ pensions, does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), on defective drafting, in that the drafting of regulation 17(11) appears to be defective given the error concerning to whom the money is to be paid, and that the drafting of paragraphs 11(2)(b)(ii) and 7(2)(b) of the schedule appears to be defective because the provisions fail to state who the eligible decision maker is?

Members indicated agreement.

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Does the committee also wish to draw the instrument to the attention of the Parliament on reporting ground (h), that the meaning could be clearer, in that references in regulations 10(c), 13(4), 16(b), 54(1)(b) and paragraph 1(1) of the schedule could be to defined terms and that, in paragraph 3 of the schedule, the eligible decision maker is a guardian only, but it appears that this should also include a parent?

Members indicated agreement.

Does the committee also wish to draw the instrument to the attention of the Parliament on the general reporting ground, in respect of the fact that, in the preamble, the reference to paragraph 6(a) of schedule 2 to the 2013 act should be to paragraph 6(c); and that there are incorrect references in regulations 2(1), 12(8)(b), 24(1)(b)(i), 62(2), 65(9) and paragraph 1(1) of the schedule?

Members indicated agreement.

Does the committee wish to note that the Scottish Government proposes to correct the error in the preamble by correction slip and to address the other matters by way of an amending instrument?

Members indicated agreement.

In relation to SSI 2023/246, on national health service pensions, does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in respect of incorrect references in regulations 5(4), 7(2)(a) and 18(12)(b)?

Members indicated agreement.

Does the committee also wish to note that the Scottish Government proposes to address those matters in the next amending instrument?

Members indicated agreement.

Also under this agenda item, no points have been raised on the following three instruments.

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Parking Attendants (Wearing of Uniforms) (North Ayrshire Council) Regulations 2023 (SSI 2023/248)

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Local Government Investments (Scotland) Amendment Regulations 2023 (SSI 2023/255)

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Sports Grounds and Sporting Events (Designation) (Scotland) Amendment Order 2023 (SSI 2023/257)

Is the committee content with the instruments?

Members indicated agreement.