Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 29, 2022

Official Report 460KB pdf

---

Instruments subject to Negative Procedure

Under agenda item 3, we are considering seven instruments that are subject to the negative procedure.

Issues have been raised in relation to five of the instruments for failure to lay them in accordance with the requirements under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The 2010 act requires that instruments that are subject to the negative procedure be laid at least 28 days before they come into force, not counting recess periods of more than four days.

The following four instruments that are in breach of the 28-day rule are laid under the Public Service Pensions Act 2013.

---

National Health Service Pension Schemes (Scotland) Amendment Regulations 2022 (SSI 2022/100)

---

Police Pensions (Scotland) Amendment Regulations 2022 (SSI 2022/101)

---

Teachers’ Pension Scheme (Scotland) Amendment Regulations 2022 (SSI 2022/102)

---

Firefighters’ Pension Scheme (Scotland) Amendment Regulations 2022 (SSI 2022/103)

The Public Service Pensions Act 2013 introduced reforms to public service pension schemes, including those in the devolved nations. Transitional protections were provided for some scheme members, which were found in the court of appeal to be discriminatory against younger members. The Public Service Pensions and Judicial Offices Act 2022 was passed, containing the provision that was necessary to remedy the discrimination that was caused by the transitional protections. The 2022 act received royal assent on 10 March 2022.

The instruments close the existing legacy pension schemes, except for limited purposes, to the accrual of pension benefits on and after 1 April 2022. Members who are treated as being in pensionable service under the existing pension schemes will, on that date, begin accruing benefits in the relevant scheme established by existing regulations.

In correspondence with the Presiding Officer, the Scottish Government explained that the regulations are a consequence of the 2022 act and are required to come into force immediately to ensure legal certainty and fairness. If there is a delay, there will be a period in which certain members can no longer accrue pension in the legacy scheme, but scheme rules would prevent those members from joining the new scheme.

Does the committee wish to draw the four instruments to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements?

Members indicated agreement.

At the same time, is the committee content with the explanation that the Scottish Government has provided for the breaches of the laying requirements?

Members indicated agreement.

The fifth instrument for which there has been a failure to lay in accordance with the requirements under section 28(2) of the 2010 act is the following.

---

National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2022 (SSI 2022/114)

The instrument allows overseas visitors who are lawfully in Scotland from Ukraine and who have been displaced as a result of the on-going conflict with Russia to receive relevant healthcare services, provided by NHS Scotland, at no charge.

In correspondence with the Presiding Officer, the Scottish Government explained that the regulations are required to come into force immediately to provide clarity to those who are responsible for making and recovering charges, and to provide assurance to displaced people from Ukraine that they are entitled to receive any treatment and care that they require from NHS Scotland, at no charge, while they are lawfully present in Scotland.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements?

Members indicated agreement.

At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?

Members indicated agreement.

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

---

Electronic Monitoring (Relevant Disposals) (Modification) (Scotland) Regulations 2022 (SSI 2022/93)

---

Crime (International Co-operation) Act 2003 (Freezing Order) (EU Exit) (Scotland) Regulations 2022 (SSI 2022/95)

Is the committee content with the instruments?

Members indicated agreement.