Delegated Powers and Law Reform Committee
Meeting date: Tuesday, October 24, 2023
Official Report 636KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instrument not subject to Parliamentary Procedure
- Regulation of Legal Services (Scotland) Bill: Stage 1
Instruments subject to Negative Procedure
Under agenda item 3, we are considering three instruments. An issue has been raised on the following instrument.
Council Tax Reduction (Scotland) Amendment (No 3) Regulations 2023 (SSI 2023/268)
The instrument makes amendments to the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 and the Council Tax Reduction (Scotland) Regulations 2021 to ensure that certain types of payments, largely based on compensation or redress schemes, are disregarded for the purposes of calculating entitlement to council tax reduction. The instrument also makes provision to ensure that the capital of a person who is liable to pay council tax has no impact on their entitlement to second adult rebate.
In correspondence with the Scottish Government, the committee asked whether the Government considers it appropriate to insert the new paragraph 46 under part 5 of schedule 4 of the 2021 regulations, under the heading “Payments”, as the amendment does not concern a payment; it concerns the whole of a person’s capital. The Scottish Government recognised that it would be helpful to the reader to insert a new part number and heading into schedule 4 of the 2021 regulations at the next available opportunity, which it anticipates will be February 2024, when other substantive amendments to the 2021 regulations are expected to be made.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in that it inserts under the heading “Payments”, a new paragraph that concerns the whole of a person’s capital rather than a payment?
Members indicated agreement.
Does the committee welcome that the Scottish Government has undertaken to insert a new part number and heading into schedule 4 at the next available opportunity?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instruments.
Title Conditions (Scotland) Act 2003 (Conservation Bodies and Rural Housing Bodies) (Miscellaneous Amendment) Order 2023 (SSI 2023/278)
National Health Service (General Medical Services Contracts and Primary Medical Services Section 17C Agreements) (Miscellaneous Amendments) (Scotland) Regulations 2023 (SSI 2023/281)
Is the committee content with the instruments?
Members indicated agreement.