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Firefighters’ Pension Scheme (Scotland) Regulations 2015 (SSI 2015/19)
Chapter 1 of part 8 of the regulations uses the phrase “the scheme employer” in several places. The term “the scheme employer” is not defined in the regulations. The correct phrase is “the authority”, which is defined in regulation 3 as the Scottish Fire and Rescue Service. The use of the term “the scheme employer” could be confused with the term “the scheme manager”, which is defined in regulation 3 as the Scottish ministers.
Does the committee therefore agree to draw the regulations to the attention of the Parliament on the general reporting ground?
I am perfectly prepared to support that recommendation, but it is perhaps worth noting that, when the Government accepts that the drafting of an instrument is inaccurate or has an error of one sort or another in it, it should at the very least commit to correct it at the next convenient opportunity.
On this occasion, such an offer has not been made. It would be useful for the Government to be made aware, through the Official Report of this meeting, that we would wish it to make such an offer. That would not mean that the error in question would necessarily ever be fixed, but it would at least be a proper acknowledgement that it would be worth fixing if an opportunity arose. I hope that the Government would note that.
Do colleagues agree?
I agree utterly. The position is the same with SSI 2015/38—
To which we are just about to come.
In that case, I will speak to it when we get there.
I totally agree that the terms “authority”, “scheme employer” and “scheme manager” should be properly defined and that that is the ideal way of doing things, but I do not really think that “employer” and “manager” are words that are likely to be confused by most people.
I accept that, but why leave the banana skin around?
Does the committee therefore agree to draw the regulations to the attention of the Parliament on the general reporting ground?
Members indicated agreement.
Revenue Scotland and Tax Powers Act (Privileged Communications) Regulations 2015 (SSI 2015/38)
Regulation 5(8) requires an application to the tribunal to be made
“no later than twenty working days of the date after”
notification is given by Revenue Scotland of the documents that it requires to be produced. The regulation is intended to require such an application to be made no later than 20 working days “after the date of” that notification. Obviously, the words “of” and “after” have been accidentally transposed.
Does the committee agree to draw the regulations to the attention of the Parliament on the general reporting ground, as regulation 5(8) contains a patent drafting error?
Members indicated agreement.
Yes, I agree. I am disappointed that, as was the case with SSI 2015/19, the Government has not made an offer to amend the regulations at the earliest opportunity. Hitherto, that has been the normal custom and practice, so I am disappointed that such an offer has not been made. I think that it should be made—what is the point of the committee if such advice as we wish to give is ignored and the mess that has been created, albeit inadvertently, remains?
Little Loch Broom Scallops Several Fishery Order 2015 (SSI 2015/28)
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Loch Ewe, Isle of Ewe, Wester Ross, Scallops Several Fishery Order 2015 (SSI 2015/30)
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Health and Care Professions Council (Registration and Fees) (Amendment) Rules Order of Council 2015 (SI 2015/93)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Revenue Scotland and Tax Powers Act (Fees for Payment) Regulations 2015 (SSI 2015/36)
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.
Revenue Scotland and Tax Powers Act (Involved Third Party) Order 2015 (SSI 2015/37)
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Non-Domestic Rate (Scotland) Order 2015 (SSI 2015/47)
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Fish Labelling (Scotland) Amendment Regulations 2015 (SSI 2015/48)
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.
Scottish Courts and Tribunals Service (Procedure for Appointment of Members) Regulations 2015 (SSI 2015/53)
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.