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Chamber and committees

Delegated Powers and Law Reform Committee

Meeting date: Tuesday, February 18, 2014


Contents


Instruments subject to Negative Procedure


Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2014 (SSI 2014/26)

The Convener

Our legal advisers have raised a number of points on the instrument. No saving or transitional provision is made for the visiting committees for Aberdeen and Peterhead prisons, which are being wound up, to allow them to complete their investigations into on-going complaints and to report for the period from 1 April 2013 to 26 February 2014. Does the committee agree to draw the matter to the lead committee’s attention?

Members indicated agreement.

The Convener

The committee may also wish to write to the Justice Committee and the Scottish Government to draw it to their attention that, similarly, no saving or transitional provision is made in the proposed draft order to abolish visiting committees and replace them with lay prison monitors—the proposed draft Public Services Reform (Prison Visiting Committees) (Scotland) Order 2014. Does the committee agree so to write?

Members indicated agreement.

The Convener

The requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 have not been complied with. The committee may consider that failure in communication and planning in the Scottish Prison Service is the reason for non-compliance with the 28-day rule. Mindful of such failures, does the committee agree to draw the instrument to the Parliament’s attention under reporting ground (j), as it breaches the 28-day rule, and in doing so to report that it finds the failure to be completely unsatisfactory?

Members indicated agreement.


Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2014 (SSI 2014/23)

The Convener



The committee agreed that no points arose on the instrument.

The committee may wish to note that a wholly new set of regulations—the proposed draft Local Government Pension Scheme (Scotland) Regulations 2014—has been consulted on. That could be welcomed, as the Local Government Pension Scheme (Administration) (Scotland) Regulations 2008 (SSI 2008/228) and the Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008 (SSI 2008/230) appear to be in need of consolidation. Does the committee agree to welcome that development?

Members indicated agreement.


Non-Domestic Rate (Scotland) Order 2014 (SSI 2014/28)


Non-Domestic Rates (Levying) (Scotland) Regulations 2014 (SSI 2014/30)


Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Amendment Order 2014 (SSI 2014/33)

The Convener



The committee agreed that no points arose on the instruments.

In relation to SSI 2014/33, does the committee agree to note the late transposition of directive 2011/93/EU, as the obligations that it imposes will not have been enforceable in domestic law between the transposition date and the date when the order comes into force?

Members indicated agreement.