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Item 3 is consideration of a legislative consent memorandum on the Equality Bill. We will consider the powers to make subordinate legislation that are conferred on the Scottish ministers.
Members indicated agreement.
Is the committee content to draw to the attention of the lead committee the fact that, although the power in clause 91(10)(c) enables the Scottish ministers to prescribe any "appropriate regulator" in Scotland for the purposes of clause 91, the Government's legislative consent memorandum, at paragraphs 20 to 25, indicates that the current appropriate regulator for Scotland is the Scottish Qualifications Authority alone?
Members indicated agreement.
On clause 92, "Interpretation", and clause 145, "Power to specify public authorities", is the committee content that the powers in clause 92(3) and clause 145(3) are acceptable in principle and that they should be subject to negative procedure?
Members indicated agreement.
On clause 147, "Power to impose specific duties" and clause 148, "Power to impose specific duties: cross-border authorities", is the committee content that those powers are acceptable in principle and that they should be subject to affirmative procedure?
Members indicated agreement.
On clause 149, "Power to impose specific duties: supplementary", is the committee content that the power in clause 149(5) is acceptable in principle and that it should be subject to affirmative procedure where regulations under the clause would amend an act, but otherwise to negative procedure?
Members indicated agreement.
We come to clause 155, "Designated transport facilities" and the power in clause 155(3); schedule 11, part 1, paragraph 4, which is on single-sex schools turning co-educational; schedule 14, paragraph 2, which is on educational endowments; and schedule 17, "Disabled Pupils: Enforcement", paragraph 10 of which is on tribunals in Scotland. Is the committee content that those powers are acceptable in principle and that they should be subject to negative resolution procedure?
Members indicated agreement.