Delegated Powers and Law Reform Committee
Meeting date: Tuesday, October 31, 2023
Official Report 453KB 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
Instruments subject to Affirmative Procedure
Under agenda item 2, we are considering three instruments subject to the affirmative procedure. An issue has been raised on the following instrument.
Budget (Scotland) Act 2023 Amendment Regulations 2023 [Draft]
The instrument amends the Budget (Scotland) Act 2023. It alters the Scottish Government’s financial allocations for the various purposes for which the Scottish Administration may use resources in the financial year 2023-24.
In correspondence with the Scottish Government, the committee queried aspects of the drafting of three provisions of the instrument. Full details of the committee’s questions and the Scottish Government’s responses have been published online, alongside the agenda for this meeting.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in that, first, regulation 2(b) makes an unnecessary substitution, by replacing the existing figure in section 4(3)(a) of the 2023 act with the same figure; secondly, the amendment made by regulation 3(2)(c)(iv) to purpose 3 in schedule 1 to the act leaves a reference to “programmes” which should be singular; and, thirdly, in the amendments made by regulation 3(2)(i)(ii) and (iv) to purpose 9 in schedule 1, it would be more helpful to the reader if the references to “the organisation”, which are introduced into a provision that refers to various different bodies, were instead expressly to the Scottish Administration?
Members indicated agreement.
In relation to regulation 3(2)(c)(iv), does the committee wish to welcome the Scottish Government’s commitment to address the issue in the next amending instrument?
Members indicated agreement.
In relation to regulation 3(2)(i)(ii) and (iv), does the committee wish to invite the Scottish Government to consider addressing the issue in the next amending instrument?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instruments.
Vehicle Emissions Trading Schemes Order 2023 [Draft]
Plant Health (Fees) (Forestry) (Scotland) (Amendment) Regulations 2023 [Draft]
Is the committee content with the instruments?
Members indicated agreement.