Subordinate Legislation Committee

Meeting date: Tuesday, January 8, 2013

Official Report 329KB pdf

---

Instruments subject to Negative Procedure

---

Council Tax (Administration and Enforcement) (Scotland) Amendment Regulations 2012 (SSI 2012/338)

The form or meaning of the regulations could be clearer. They amend part 4 of the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992 (SI 1992/1332) by substituting references to “discount” with references to “variation”. However, those provisions are intended to continue to apply to discounts under section 79 of the Local Government Finance Act 1992, and it appears to be doubtful whether, in the context of that part, “variation” can properly extend to include “discount”, standing the drafting of regulation 12, which makes specific reference to

“variation under section 33 of the Local Government in Scotland Act 2003”.

Does the committee agree to draw the regulations to the attention of the Parliament on reporting ground (h), as the meaning could be clearer?

Members indicated agreement.

I am sorry to be so grumpy again, but we seem to have before us another piece of poorly drafted legislation. From my probably inadequate understanding of what is being suggested, we are expecting local authorities to carry on doing what they have been doing because they have aye done it, but the regulations will be of absolutely no help to them in doing what they are expected to do by way of enforcement. The regulations are inadequate in that regard, so the matter should be drawn to the lead committee’s attention. After all, our purpose is to draw attention—vociferously—to inadequacies of drafting, and I would like us to do that on this occasion.

I think that the committee shares that view. Are we agreed?

Members indicated agreement.

---

Children’s Hearings (Scotland) Act 2011 (Safeguarders: Further Provision) Regulations 2012 (SSI 2012/336)

No points have been raised on any reporting grounds, but the committee may wish to consider writing to the Minister for Parliamentary Business to highlight a number of matters relating to the Government undertaking that was given in session 3 concerning the laying of packages of instruments, and to seek comments on how instrument planning could be improved to avoid any adverse effect on scrutiny.

Both this instrument and the Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2012 (SSI 2012/325), which were considered by the committee on 18 December 2012, have raised a number of general issues about the programming of subordinate legislation. Better planning in the preparation of SSI 2012/325 could have avoided the need for a separate instrument and the potential anomaly of determining whether consequential provisions are satisfactory prior to approving the super-affirmative instruments to which they relate.

Regulation 4(4) of SSI 2012/336 refers to provisions in the Children’s Hearings (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2012, which have not yet been made. Without sight of that further instrument, the Parliament is not able to be wholly clear about the application and effect of regulation 4(4) in the period permitted for scrutiny of these regulations. In this case it would have been preferable to have avoided making the cross-reference as it appears that these regulations could have omitted regulations 4(4) and 4(5), which could then have been added by amendment when the subsequent regulations were made.

Last session, the Minister for Parliamentary Business gave an undertaking to the committee with regard to the handling of packages of instruments, and the Scottish Government undertook to try to avoid where possible staggering the laying of instruments that cross-refer to each other and—again where possible—to provide the committee with a copy of draft related instruments that are not ready for making. That did not happen in this case.

Does the committee agree to write to the Minister for Parliamentary Business regarding this matter and to reinforce the view that we want this to be done properly?

Members indicated agreement.

---

Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2012 (SSI 2012/339)

---

M9/A90/M90 Trunk Road (Humbie Rail Bridge to M9 Junction 1a) (Variable Speed Limits and Actively Managed Hard Shoulder) Regulations 2012 (SSI 2012/343)

---

M9/A9 Trunk Road (Newbridge to Winchburgh) (Variable Speed Limits and Actively Managed Hard Shoulder) Regulations 2012 (SSI 2012/344)

---

Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2012 (SSI 2012/347)

The committee agreed that no points arose on the instruments.