Subordinate Legislation Committee

Meeting date: Tuesday, March 13, 2012

Official Report 331KB pdf

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Instruments subject to Negative Procedure

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Teachers’ Superannuation (Scotland) Amendment Regulations 2012 (SSI 2012/70)

It is not clear that the words

“and ending 31st March 2012”

are inserted after “1st April 2007” in regulation C3 of the principal regulations. That was caused by a series of punctuation and paragraphing errors in regulation 3, which the Scottish Government has acknowledged and proposes to resolve by correction slip. Does the committee agree to draw the Parliament’s attention to the regulations on the general reporting ground because they contain a drafting error?

Members indicated agreement.

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Police Pensions (Contributions) Amendment (Scotland) Regulations 2012 (SSI 2012/71)

There are drafting errors in the regulations. First, there is an error in regulation 2(2), where it inserts the first line of regulation G2(1) of the Police Pensions Regulations 1987. The reference to a “regular police officer” should refer to “regular policeman”, as that is the term defined by schedule A to the 1987 regulations. Secondly, there is an error in regulation 2(2), which substitutes a new regulation G2 into the 1987 regulations. It refers in three places to regulation G2A, which does not exist. Thirdly, regulation 3(2) refers in three places to regulation 7A of the Police Pensions (Scotland) Regulations 2007, but regulation 7A does not exist.

Does the committee agree to draw the regulations to the attention of the Parliament on the general reporting ground on account of those three drafting errors?

Yes. However, I think that we should also draw to the lead committee’s attention the need for consolidation of the legislation, because we have been informed that it has been amended by some 26 instruments, not all of which are necessarily clear or even available. I am not entirely sure whether that is the case, but nonetheless it certainly makes it difficult for those who are to amend the regulations the next time, because almost inevitably they will require to be amended again. If ever there was a need for consolidation, this has to be it.

And if ever there was evidence of the need for consolidation, it might well have been the errors that I have just had to work my way through. If the draftsman has failed to notice which regulations are there, one has a huge amount of sympathy. This is not the first time that the pensions regulations have been mentioned; I mentioned them at the Justice Committee a year or two back, at least. I think that we have an obvious candidate for consolidation and I am sure that people will be thinking about it.

Does the committee nonetheless welcome the fact that the Scottish Government has undertaken to correct the errors by means of an amending instrument?

Members indicated agreement.

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A720 Edinburgh City Bypass and M8 (Hermiston Junction) (Speed Limit) Regulations 2012 (SSI 2012/62)

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Sharks, Skates and Rays (Prohibition of Fishing, Trans-shipment and Landing) (Scotland) Order 2012 (SSI 2012/63)

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Community Care (Joint Working etc) (Scotland) Amendment Regulations 2012 (SSI 2012/65)

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Community Care and Health (Scotland) Act 2002 (Incidental Provision) (Adult Support and Protection) Order 2012 (SSI 2012/66)

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National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2012 (SSI 2012/67)

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National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2012 (SSI 2012/68)

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National Health Service (Superannuation Scheme and Pension Scheme) (Scotland) Amendment Regulations 2012 (SSI 2012/69)

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Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2012 (SSI 2012/72)

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National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2012 (SSI 2012/73)

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National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2012 (SSI 2012/74)

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Personal Injuries (NHS Charges) (Amounts) (Scotland) Amendment Regulations 2012 (SSI 2012/76)

The committee agreed that no points arose on the instruments.