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I welcome members to the eighth meeting in 2015 of the Delegated Powers and Law Reform Committee, and I welcome the British Sign Language interpreters, who are here especially for one of the items on this morning’s agenda. As always, I ask members to turn off mobile phones.
Continuing Care (Scotland) Order 2015 [Draft]
Aftercare (Eligible Needs) (Scotland) Order 2015 [Draft]
Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015 [Draft]
Common Financial Tool etc (Scotland) Amendment Regulations 2015 [Draft]
Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No 2) Regulations 2015 [Draft]
Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2015 [Draft]
Single Use Carrier Bags Charge (Fixed Penalty Notices and Amendment) (Scotland) Regulations 2015 [Draft]
No points have been raised by our legal advisers on the instruments, but the committee may wish to note a matter that has been raised in relation to their laying. As each of the above instruments is subject to the affirmative procedure, under standing orders the lead committee has a period of 40 days from the instrument being laid to report on whether it is recommending that it be approved. The 40th day for these instruments is 30 March; they are then intended to come into force on either 31 March or 1 April.
Therefore, little or no time has been allowed by the Government for obtaining a parliamentary resolution if the lead committee were to take the full time that is permitted by standing orders. As a result, the lead committee will be required to report sooner than the period that is allowed by standing orders in order for the Government’s planned timetable to be capable of being fulfilled.
Scottish Landfill Tax (Exemption Certificates) Order 2015 [Draft]
A similar issue has arisen in relation to the draft Scottish Landfill Tax (Exemption Certificates) Order 2015. Although no formal points have been raised by our legal advisers, the committee may wish to note that, in this case, the 40th day postdates the date on which the order comes into force. In this case, therefore, less time has been allowed by the Government for the lead committee to report, prior to the order coming into force, than standing orders permit. The lead committee will be required to report sooner than the period that is allowed by standing orders in order for the Government’s planned timetable to be capable of being fulfilled.
It is of course possible for the Government to seek a parliamentary resolution more quickly than standing orders allow, but the committee may consider that it would at least have been courteous for the Government to have informed the Parliament that that was the case and to have explained why it was the case.
Do members have any comments?
Members: No.
The committee may also wish to note that the Single Use Carrier Bags Charge (Fixed Penalty Notices and Amendment) (Scotland) Regulations 2015 were initially laid on 19 February 2015 and were subsequently withdrawn and relaid on 24 February to correct a typographical error that was highlighted by our legal advisers.
The laying issue that I have highlighted aside, is the committee content with all the aforementioned instruments?
Members indicated agreement.
General Medical Council (Fitness to Practise and Overarching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 [Draft]
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
The committee may wish to note that the draft General Medical Council (Fitness to Practise and Overarching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 was first considered by the committee on 17 February and no points were drawn to the attention of Parliament. However, following comment from the Joint Committee on Statutory Instruments at Westminster, the order was withdrawn and relaid on 23 February 2015 to adjust a minor matter.
Health Care and Associated Professions (Knowledge of English) Order 2015 [Draft]
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
The committee may wish to note that the draft Health Care and Associated Professions (Knowledge of English) Order 2015 replaces an earlier draft that was laid before the Scottish Parliament on 4 February, but which was withdrawn by the Scottish Government following correspondence with the committee’s legal advisers. Similarly, the order was withdrawn from Westminster by the Department of Health. The relaid version corrects those errors, as well as a few minor points that were also identified by the committee’s legal advisers.
Health and Care Professions (Public Health Specialists and Miscellaneous Amendments) Order 2015 [Draft]
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
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