Local Government and Communities Committee

Meeting date: Wednesday, March 17, 2010

Official Report 399KB pdf

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Subordinate Legislation

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Building (Scotland) Amendment Regulations 2010 (SSI 2010/32)

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Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2010 (SSI 2010/38)

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Local Government (Allowances and Expenses) (Scotland) Amendment Regulations 2010 (SSI 2010/45)

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Town and Country Planning (Prescribed Date) (Scotland) Amendment Regulations 2010 (SSI 2010/61)

Agenda item 3 is consideration of eight negative instruments. Members have received copies of the instruments. No concerns have been raised and no motions to annul have been lodged.

I advise members that, in relation to SSI 2010/45, the Scottish Government has laid amending regulations in the light of comments that were made by the Subordinate Legislation Committee.

Do members agree that they do not wish to make any recommendations in relation to the instruments?

Members indicated agreement.

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Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2010 (SSI 2010/62)

We come to SSI 2010/62.

Yes.

Do members agree that they do not wish to make any recommendations in relation to the order?

Members indicated agreement.

I have a question about the order, which seems to seek to ensure that money from the general fund is not transferred into the housing revenue account. Is there a similar order that prevents money from the housing revenue account being used to subsidise the general fund?

I ask because that certain issues have been raised with me recently by tenants and tenants organisations. First, people feel that sometimes they pay twice for things such as ground maintenance—once through their rent and again through their council tax. There seems to be some duplication, but it is difficult to find out from councils whether that is the case.

Secondly, where councils use prudential borrowing to build new properties, the housing revenue account has been paying for that, rather than the general fund, and there is a feeling that that might not be the most equitable way of proceeding. I wondered whether there might be an order that would stop that practice.

We will write to seek clarification of that issue and will circulate the response to members of the committee. Are you satisfied with that?

We do not know, but we can write and ask.

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Firefighters’ Pension Scheme (Scotland) Order 2007 Amendment Order 2010 (SSI 2010/65)

We come to SSI 2010/65.

I have a concern about the amendment order, and also about SSI 2010/66.

The Executive note on SSI 2010/65 says:

“The instrument is not expected to have any financial effects on the Scottish Government”.

However, earlier on it talks about a

“new actuarially-based employer’s contribution calculated as a percentage of pensionable pay”

to which

“a ‘top-up’ payment will be made by the Scottish Government”.

That seems to contradict what is said about the financial effects at the end of the note.

We will write to seek clarification of that issue and will circulate the response to members of the committee.

Do members agree that they do not wish to make any recommendations in relation to the order?

Members indicated agreement.

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Firefighters’ Pension Scheme Amendment (Scotland) Order 2010 (SSI 2010/66)

It is the same point that I raised in relation to SSI 2010/65.

In that case, we will write to seek clarification of that issue as well, and will circulate the response to members of the committee.

Do members agree that they do not wish to make any recommendations in relation to the order?

Members indicated agreement.

Mary Mulligan mentioned that she had a concern about SSI 2010/66 as well.

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Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No 2) Order 2010 (SSI 2010/78)

Do members agree that they do not wish to make any recommendations in relation to the order?

Members indicated agreement.

As previously agreed, we now move into private session to deal with agenda item 4.

11:58 Meeting continued in private until 12:08.