Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 11, 2014

Official Report 348KB pdf

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Instruments subject to Negative Procedure

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National Health Service (Superannuation Scheme) (Scotland) Amendment Regulations 2014 (SSI 2014/43)

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Teachers’ Superannuation (Scotland) Amendment Regulations 2014 (SSI 2014/44)

We come to agenda item 3. Our legal advisers have raised the same points in relation to both Scottish statutory instrument 2014/43 and SSI 2014/44. The committee may consider that there has been unjustifiable delay in the laying of the regulations before the Parliament, as they were made on 13 February 2014 and laid on 24 February 2014. Although the delay does not affect the validity of the regulations, it amounts to a failure to comply with the laying requirement in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 that an instrument must be laid as soon as practicable after it is made.

The committee may consider that the delay in laying the regulations is unusual and is not satisfactory. However, in its response to the committee the Scottish Government has offered apologies and notes that steps will be taken to try to ensure that the omission is not repeated.

Does the committee agree to draw both sets of regulations to the attention of the Parliament on reporting ground (d), as there has been an unjustifiable delay in publication or laying of the regulations? Does the committee also agree to draw both sets of regulations to the attention of the Parliament on reporting ground (j) as there has been a failure to comply with the requirement that an instrument must be laid as soon as practicable after it is made?

I agree with that. I am disappointed that the Presiding Officer was not notified, as should have been the case. I assume that the apology will include an apology to her.

I imagine that that is the case.

It seems to me that there is a case for both Governments to apologise, given that at least some of the delay was due to the United Kingdom Government.

Indeed. Are we content with those observations?

Members indicated agreement.

Does the committee agree to note, however, that steps are being taken by the Scottish Government to ensure that the omission is not repeated?

Members indicated agreement.

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Coatbridge College (Transfer and Closure) (Scotland) Order 2014 (SSI 2014/52)

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Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Amendment Regulations 2014 (SSI 2014/53)

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High Hedges (Scotland) Act 2013 (Supplementary Provision) Order 2014 (SSI 2014/55)

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Road Works (Inspection Fees) (Scotland) Amendment Regulations 2014 (SSI 2014/56)

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Personal Injuries (NHS Charges) (Amounts) (Scotland) Amendment Regulations 2014 (SSI 2014/57)

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Scottish Road Works Register (Prescribed Fees) Regulations 2014 (SSI 2014/58)

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Firemen’s Pension Scheme (Amendment) (Scotland) Order 2014 (SSI 2014/59)

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Firefighters’ Pension Scheme (Scotland) Amendment Order 2014 (SSI 2014/60)

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National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2014 (SSI 2014/61)

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Police Pensions (Contributions) Amendment (Scotland) Regulations 2014 (SSI 2014/62)

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Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2014 (SSI 2014/64)

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Carers (Waiving of Charges for Support) (Scotland) Regulations 2014 (SSI 2014/65)

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Community Care (Joint Working etc) (Scotland) Amendment Regulations 2014 (SSI 2014/66)

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Police Service of Scotland (Performance) Regulations 2014 (SSI 2014/67)

The committee agreed that no points arose on the instruments.

In relation to SSI 2014/62, the committee may wish to write to the Scottish Government to seek an update on the plan to consolidate the police pensions scheme in the Police Pensions Regulations 1987 (SI 1987/257).