Delegated Powers and Law Reform Committee
Meeting date: Tuesday, January 26, 2021
Official Report 476KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instruments subject to Made Affirmative Procedure
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instrument not subject to Parliamentary Procedure
- Document Laid for Consultation
Instruments subject to Negative Procedure
Homeless Persons (Unsuitable Accommodation) (Scotland) (Modification and Revocation) (Coronavirus) Order 2021 (SSI 2021/10)
An issue has been raised on two of the instruments for consideration under agenda item 4, the first of which is SSI 2021/10. The purpose of the instrument is to make temporary modifications to the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014 (SSI 2014/243) to allow local authorities to provide homeless households with accommodation in hotels and bed and breakfasts as a result of coronavirus. The instrument mirrors the provisions in SSI 2020/268, which will cease to have effect on 31 January 2021.
There has been a failure to lay the instrument in accordance with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which requires that negative instruments be laid at least 28 days before they come into force, not counting recess periods of more than four days. The instrument was laid on 13 January and will come into force on 31 January.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), in respect of the failure to lay it in accordance with the laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010, while noting that it is satisfied with the explanation that the Scottish Government has given for the failure to comply with the 28-day rule?
No member has indicated that they are not content or that they wish to speak, so that is agreed.
Civil Partnership (Scotland) Act 2020 (Commencement No 3, Saving and Transitional Provision) Regulations 2021 (SSI 2021/23)
The second instrument on which an issue has been raised is SSI 2021/23, which commences certain provisions of the Civil Partnership (Scotland) Act 2020 and makes saving and transitional provision relating to the introduction of civil partnership between persons of different sexes.
Again, there has been a failure to lay the instrument in accordance with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The instrument was laid on 18 January and certain provisions commence on 1 February.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), in respect of the failure to lay it in accordance with the laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010, while noting that it is satisfied with the explanation that has been given for the failure to comply with the 28-day rule?
No member has indicated that they are not content or that they wish to speak, so that is agreed.
No points have been raised on the following seven negative instruments.
Police Service of Scotland (Miscellaneous Amendments) Regulations 2020 (SSI 2020/453)
Common Agricultural Policy (Simplifications and Improvements) (Miscellaneous Amendments) (Scotland) Regulations 2021 (SSI 2021/9)
Council Tax Reduction (Scotland) Amendment (Coronavirus) Regulations 2021 (SSI 2021/12)
Fireworks (Scotland) Amendment Regulations 2021 (SSI 2021/14)
Local Governance (Scotland) Act 2004 (Remuneration) Amendment Regulations 2021 (SSI 2021/18)
Civil Partnership Between Persons of Different Sexes (Prescribed Bodies) (Scotland) Regulations 2021 (SSI 2021/24)
General Pharmaceutical Council (Coronavirus) (Amendment) Rules Order of Council 2021 (SI 2021/26)
Is the committee content with the instruments?
No member has indicated that they are not content or that they wish to speak, so that is agreed.