Subordinate Legislation Committee

Meeting date: Tuesday, February 19, 2013

Official Report 263KB pdf

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Instruments subject to Negative Procedure

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Tenant Information Packs (Assured Tenancies) (Scotland) Order 2013 (SSI 2013/20)

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Water Environment (Drinking Water Protected Areas) (Scotland) Order 2013 (SSI 2013/29)

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Wildlife and Countryside Act 1981 (Variation of Schedules A1 and 1A) (Scotland) Order 2013 (SSI 2013/31)

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Non-Domestic Rates (Levying) (Scotland) Amendment Regulations 2013 (SSI 2013/34)

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Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2013 (SSI 2013/36)

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Police Service of Scotland (Promotion) Regulations 2013 (SSI 2013/39)

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National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2013 (SSI 2013/40)

Is the committee content with the instruments?

Members indicated agreement.

I am content, but I draw attention to the need for consolidation of the National Assistance (Assessment of Resources) Regulations 1992, which have now been amended 15 times, by more than 60 amending instruments. I understand that this is a growing problem year on year and that it is becoming ever more difficult to access information. Also, if people have to access it, I understand that it is at significant expense, which is not as it should be. I put it on the record that the regulations are an excellent case for consolidation and I hope that the Government will consider consolidating them as soon as possible.

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National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2013 (SSI 2013/41)

Thank you, John. I am delighted with those comments. You were one step ahead of me, because—believe it or not—I had not called the regulations, which I am now delighted to do.

I note that, although we will not report the regulations, the committee might want to make to the Government precisely the point that John Scott so eloquently made about consolidation.

It is perfectly proper to make that point to the Government. It is probably important that we make it as a matter of principle, rather than a matter of identifying a solution.

The point is that the public to whom this legislation applies should have access to what it is. There are a variety of ways by which that could be achieved. For example, there could be a list of all amendments associated with a primary instrument or act, so that people could work things out for themselves, or it could be done in the way that Her Majesty’s Stationery Office reports things, by showing the effect. Alternatively, the Government could go the full hog and legislate again to make a single instrument. I do not think that we are necessarily in a position to suggest which of those alternatives should be taken or even to say that that is a complete list of the alternatives.

The important thing is to make the point of principle that the public should have ready access to the legislation that affects them in a way that is appropriate in the context.

John Scott made a point of substance, which I support.

Subject to those comments, are we content with the instrument as laid?

Members indicated agreement.