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The question of vires arises again.
We should ask the Executive whether it has the powers to make the instrument, as we are advised that the powers involved fall under social security, which is a reserved matter. We should seek clarification of the powers under which the Executive is making the order.
We should make clear that we do not want to be difficult or to deprive people of useful funding. However, the worst scenario would be finding that the order was ultra vires and the situation falling about people's ears. We are advised that the order could be processed under the Scotland Act 1998 or under another piece of legislation.
Is not the definition of "spouse" or "partner" a matter for the lead committee?
The legislation will go to the lead committee. We can address problems that arise from the definition in the order and errors in the drafting. The question whether the definition should be extended to include brothers and sisters is a policy matter.
I am not suggesting that we should do that, but we have difficulties in coming to grips with some of the Executive's definitions. If this is the Executive's best shot, the lead committee should consider the definitions that are contained in the regulations.
The lead committee will have to do that. We can flag up the difficulties as we see them. We act as the eyes and ears of the Parliament, but it is for the lead committee to decide whether it considers definitions to be correct. We can seek clarification on drafting errors. We can also alert the lead committee to inconsistencies that we have found, although that would bring us into policy matters.
We should check whether the Executive intended to convey a meaning that we have not grasped, or whether its choice of a word was an accident. We should also query whether, in regulation 16(3), "work" should read "works". It is legitimate for us to highlight those issues.
We should also query whether, under regulation 17, "tenant" is meant to include sub-tenants and, if so, from which landlord consent is to be obtained. As with other instruments, we should check whether applications can be made in electronic form as well as in writing. We need to seek clarification on whether the Executive intended for people to claim grants under parts I and II of the regulations. In addition to those points, we can point out typographical errors. The significant issue is the question of vires.