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Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014 (SSI 2014/142)
We come to agenda item 3. The drafting of the amendment order appears to be defective in two respects. First, paragraph (5) of class 9B in part 2A of schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as inserted by the schedule to the instrument, inter alia, purports to define the terms “enclosed shopping centre” and “retail park” for the purposes of class 9B. However, those terms are not used in the class, although they are used within the definition of
“shop or financial or professional services establishment”
in paragraph (5) of class 9A.
Secondly, “raised platform” is defined for the purposes of class 9A to specify the minimum height of platform, but it should also have been defined for the purposes of the use of the term in paragraph (2)(f) of class 9C.
Does the committee therefore agree to draw the instrument to the attention of the Parliament on reporting ground (i), as the drafting appears to be defective?
Members indicated agreement.
Does the committee agree to note, however, that the Scottish Government has undertaken to make an amending instrument shortly, to correct the errors?
Members indicated agreement.
National Health Service Superannuation Scheme (Scotland) (Miscellaneous Amendments) Regulations 2014 (SSI 2014/154)
Indeed.
Does the committee agree to note that the Scottish Government has undertaken to correct the errors in due course?
Members indicated agreement.
Several points have been raised by our legal advisers in relation to the regulations. First, there has been unjustifiable delay in laying the regulations before Parliament; they were made on 16 May and laid on 30 May 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 is practicable after it is made. The period of delay in laying the regulations is unusual and is not satisfactory.
Does the committee therefore agree to draw the instrument to the attention of the Parliament on reporting ground (d), as there has been an unjustifiable delay in the laying of the regulations?
Members indicated agreement.
Does the committee also agree to draw the instrument to the attention of the Parliament on reporting ground (j), as the laying requirement in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 has not been complied with?
Members indicated agreement.
The committee may wish to indicate its disappointment that the aforementioned delay follows a similar delay in the laying of the National Health Service (Superannuation Scheme) (Scotland) Amendment Regulations 2014 (SSI 2014/43). Does the committee agree to do so?
Members indicated agreement.
The committee may wish to note, however, that the Scottish Public Pensions Agency is again contacting the Treasury with a view to steps being taken to seek to ensure that the omission is not repeated.
Further points have been raised by our legal advisers in relation to the regulations, as they contain minor drafting errors. First, regulation 11(c), and the consequential references to the provision that that will insert, have been included in error. The Scottish Government has confirmed that the provisions have no substantive effect and that an amendment will be lodged to make the appropriate provision, as and when the Finance Act 2014 is commenced and the relevant regulations under it are made.
Secondly, regulation 24, which adds new regulation 2.J.14(12) of the National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013, refers to “host Board” when it should refer to “contracting Health Board”. The Scottish Government has undertaken to amend the provision in due course.
Does the committee therefore agree to draw the regulations to the attention of the Parliament on the general reporting ground, as they contain minor drafting errors?
Members indicated agreement.
In the light of your en passant reference to the Treasury, convener, I point out that you were, of course, making it clear that the Treasury provided the appropriate signature on 16 May but did not advise that that had been done until 30 May, so the delay to which we have referred was entirely down to failure of processes in the Treasury, albeit that accountability to the Scottish Parliament of course lies with the Scottish Government and not the Treasury.
Land Register Rules etc (Scotland) Regulations 2014 (SSI 2014/150)
Adults with Incapacity (Supervision of Welfare Guardians etc by Local Authorities) (Scotland) Amendment (No 2) Regulations 2014 (SSI 2014/157)
No points have been raised by our legal advisers on the instruments. Is the committee content with them?
Members indicated agreement.