Instruments subject to Negative Procedure
Council Tax Reduction (Scotland) Amendment Regulations 2014 (SSI 2014/35)
Our legal advisers have suggested that the regulations raise the question whether they relate to matters that are reserved under section F1 of part II of schedule 5 to the Scotland Act 1998. As such, the committee may wish to report that the regulations raise a devolution issue. The matter was also raised in connection with the Council Tax Reduction (Scotland) Regulations 2012 (SSI 2012/303) and the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (SSI 2012/319), which I will refer to as the principal regulations.
The Scottish Government’s view is that the principal regulations do not relate to any of the reserved matters described in section F1 of part II of schedule 5 to the Scotland Act 1998 and, therefore, that no devolution issue is raised. Do members have any comments?
The regulations reduce charges for certain categories of people. That is something with which we are extremely familiar, and it has never been subject to the suggestion that it is a tax. The provision in head F of part II of schedule 5 to the Scotland Act 1998 relates to taxation.
If we were to agree that the regulations are indeed potentially ultra vires, we would, by reading across, have to do the same in relation to single occupancy, for which there is a reduction in council tax, and many other things. I propose that, in line with our previous practice, we do not report the regulations to the Parliament.
I believe that our legal advisers’ advice is correct, that the regulations do indeed raise a devolution issue and that there is doubt whether they are within vires, as they may relate to matters that are reserved by section F1 of part II of schedule 5 to the Scotland Act 1998. I therefore want the objection to be upheld.
I support the recommendation that we draw the matter to the Parliament’s attention, but I confirm that the sum total of what we seek to do is to draw the Parliament’s attention to the legal advice that the committee has received.
Does anybody else want to comment? This is familiar territory, as Stewart Stevenson indicated.
If I heard Stewart Stevenson aright, the proposition is that the regulations are intra vires and that we do not follow our legal advisers’ advice. Unless anybody has anything else to say, we will simply vote on the matter, as we have done before.
The proposition is that the regulations are intra vires. Are we agreed?
Members: No.
There will be a division.
For
Don, Nigel (Angus North and Mearns) (SNP)
McMillan, Stuart (West Scotland) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Against
Baker, Richard (North East Scotland) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
Scott, John (Ayr) (Con)
The result of the division is: For 4, Against 3, Abstentions 0. The proposition is agreed to.
As members will be aware, we have consistently agreed that such regulations are intra vires and that we should not report them. However, members’ views are on the record, of course.
Non-Domestic Rating (Unoccupied Property) (Scotland) Amendment Regulations 2014 (SSI 2014/31)
Council Tax (Discounts) (Scotland) Amendment Order 2014 (SSI 2014/37)
National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2014 (SSI 2014/38)
The committee agreed that no points arose on the instruments.
Although no formal points have been raised on SSI 2014/38, it amends the National Assistance (Assessment of Resources) Regulations 1992 (SI 1992/2977), which have now been amended more than 15 times. The Government gave a commitment to update the committee on its plans for the consolidation of the 1992 regulations last year, after the committee wrote to it about the issue following our consideration of the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2013 (SSI 2013/41).
In response to a query from our legal advisers about that commitment, the Government has explained its intention to consolidate the 1992 regulations by 2017, following a spending review in 2016 and in line with any legislative changes that are required as a result of the residential task force set up by the Scottish ministers and the Convention of Scottish Local Authorities to review the shape and design of the provision of residential care.
The committee may wish to consider whether it is satisfied with the response and whether it wishes to pursue the matter through written correspondence with the Scottish Government. Does the committee agree to write again to the Scottish Government about the matter on the basis that the explanation is hardly 100 per cent satisfactory?
Members indicated agreement.
Home Energy Assistance Scheme (Scotland) Amendment Regulations 2014 (SSI 2014/40)
Land Registration etc (Scotland) Act 2012 (Commencement No 2 and Transitional Provisions) Order 2014 (SSI 2014/41)
HIV Testing Kits and Services Revocation (Scotland) Regulations 2014 (SSI 2014/42)
The committee agreed that no points arose on the instruments.