Subordinate Legislation Committee

Meeting date: Tuesday, April 16, 2013

Official Report 259KB pdf

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Instruments subject to Negative Procedure

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National Health Service Superannuation Scheme etc (Miscellaneous Amendments) (Scotland) Regulations 2013 (SSI 2013/109)

I welcome members to the Subordinate Legislation Committee’s 12th meeting in 2013. As always, I ask members to turn off mobile phones.

Regulation 11, in substituting regulation E7(2)(b)(ii) of the National Health Service Superannuation Scheme (Scotland) Regulations 2011 (SSI 2011/117), fails to follow the practice of avoiding the use of gender-specific pronouns unless there is a reason for their use. That practice was generally adopted in the 2011 regulations. The departure from it creates potential uncertainty as to whether both genders are intended to be covered by individual gender-specific pronouns. It is also contrary to standard modern drafting practice in Scotland. Does the committee therefore agree to draw the 2013 regulations to the Parliament’s attention on the general reporting ground?

Members indicated agreement.

Does the committee also agree to note that the Scottish Government has undertaken to amend the reference to “him” in regulation 11 of the 2013 regulations in due course and to amend a couple of other non-gender-neutral references in the principal 2011 regulations at the same time?

Members indicated agreement.

I have an observation. Just for clarity, we recognise that the Government is acknowledging that its intention in the drafting is to include all genders and not to be male specific. It is important to put that on the record here, if nowhere else, in case there is any legal doubt as to intention in the interim, until the regulations are changed.

I fully support Stewart Stevenson’s comments. I welcome the Government’s intention to amend the regulations in due course but, for the avoidance of doubt and confusion, would it not be better for the Government to amend the regulations in early course?

Indeed. We are agreed—thank you.

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Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 2013 (SSI 2013/112)

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Police Service of Scotland (Amendment) Regulations 2013 (SSI 2013/122)

The committee agreed that no points arose on the instruments.