Official Report 419KB pdf
10:04
Under agenda item 4, we are considering 15 instruments. Issues have been raised on three of the instruments.
Human Trafficking and Exploitation (Duty to Notify) (Scotland) Regulations 2026 (SSI 2026/60)
This instrument specifies the public authorities that will be required, for statistical purposes, to notify the chief constable of a person who is or appears to be a victim of human trafficking, slavery, servitude or forced labour.
In correspondence with the Scottish Government, which was published alongside the papers for this meeting, the committee asked about the time that has passed between the regulation-making power being commenced—in May 2016—and exercised, since it is being made to come into force on 1 February 2027.
The Scottish Government indicated that, among other things, the work was paused due to the Covid-19 pandemic and competing priorities, and that additional regulations, which will be laid on 5 March 2026, will further partially commence the provision.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, due to the length of time that has passed between Parliament enacting section 38 of the Human Trafficking and Exploitation (Scotland) Act 2015 and the Scottish Government exercising the powers to make these regulations and to bring section 38 fully into force?
Members indicated agreement.
Does the committee wish to highlight to the lead committee the Scottish Government’s explanation?
Members indicated agreement.
Council Tax (Dwellings and Part Residential Subjects) (Scotland) Amendment Regulations 2026 (SSI 2026/72)
This instrument enables owners or tenants to submit evidence of letting, or intention to let, a property as self-catering holiday accommodation without needing an assessor’s request. It also introduces transitional arrangements for 2024-25.
In correspondence with the Scottish Government, which was also published alongside the papers for this meeting, the committee asked about an apparent minor drafting error in this instrument. The Scottish Government confirmed that there is a minor drafting error, which it proposes to correct.
Does the committee wish to draw this instrument to the attention of the Parliament on the general reporting ground, for a minor drafting error? New regulation 5A(5)(b) should refer to “paragraphs (3) or (4)”, not “paragraphs (4) or (5)”.
Members indicated agreement.
Does the committee wish to welcome the Scottish Government’s intention to correct this error?
Members indicated agreement.
Sea Fish (Prohibition on Fishing) (Firth of Clyde) Revocation Order 2026 (SSI 2026/95)
This instrument revokes the Sea Fish (Prohibition on Fishing) (Firth of Clyde) Order 2026 after the Rural Affairs and Islands Committee recommended that it be annulled. This revocation order was made on 17 February and came into force on 18 February.
Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure must be laid at least 28 days before they come into force. Breaching this rule does not affect the validity of the instrument, but it does trigger an automatic report by this committee.
Does the committee wish to draw this instrument to the attention of the Parliament under reporting ground (j), for a failure to lay the instrument in accordance with the laying requirements?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instruments.
Environmental Authorisations (Scotland) Amendment Regulations 2026 (SSI 2026/55)
Non-Domestic Rates (Levying and Miscellaneous Amendment) (Scotland) Regulations 2026 (SSI 2026/68)
Non-Domestic Rates (Retail, Hospitality and Leisure Relief) (Scotland) Regulations 2026 (SSI 2026/69)
Non-Domestic Rates (Transitional Relief) (Scotland) Regulations 2026 (SSI 2026/70)
Sheriff Court Fees Order 2026 (SSI 2026/74)
Environmental Protection (Wet Wipes Containing Plastic) (Scotland) Regulations 2026 (SSI 2026/75)
High Court of Justiciary Fees Order 2026 (SSI 2026/77)
Justice of the Peace Court Fees (Scotland) Order 2026 (SSI 2026/78)
Sheriff Appeal Court Fees Order 2026 (SSI 2026/79)
Court of Session etc Fees Order 2026 (SSI 2026/80)
Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2026 (SSI 2026/81)
Parole Board (Scotland) Amendment Rules 2026 (SSI 2026/82)
Is the committee content that no reporting grounds are engaged?
Members indicated agreement.
In relation to Environmental Authorisations (Scotland) Amendment Regulations 2026 (SSI 2026/55), does the committee wish to welcome that the Scottish Government intends to correct referencing errors by correction slip and that if the registrar does not agree to correct the errors in this way, the Scottish Government intends to correct the more substantive error in the instrument at the next legislative opportunity?
Members indicated agreement.
In relation to Parole Board (Scotland) Amendment Rules 2026 (SSI 2026/82), does the committee wish to note that it understands that the Scottish Government is aware of errors in the policy note and that these have now been corrected?
Members indicated agreement.