Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Regulations 2012 (SSI 2012/54)
Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2012 (SSI 2012/72)
Teachers’ Superannuation (Scotland) Amendment Regulations 2012 (SSI 2012/70)
The next item on the agenda is consideration of three negative Scottish statutory instruments. No motions to annul have been lodged in respect of any of the instruments and the Subordinate Legislation Committee has drawn the attention of the Parliament to a minor drafting error in SSI 2012/70. The committee had no comments on the other regulations.
On the Teachers’ Superannuation (Scotland) Amendment Regulations (SSI 2012/70), it is my understanding that negotiations are being conducted between the teaching trade unions, the Convention of Scottish Local Authorities, and the various other interested parties. What will the impact of the regulations be on those negotiations? Should we be doing anything at this stage?
My understanding is that a further instrument is coming. Is that correct?
We have been told that further subordinate legislation is coming, but we do not have the exact detail.
The negotiations can carry on and there will be another instrument that will deal with superannuation after the negotiations are concluded.
If we proceed with the regulations that are in front of us today, there will be no impact on the current status of the negotiations or the potential outcome.
That is my understanding, yes.
Could we have that clarified?
We could certainly write to the minister to ask that question, but it would not change what we have to do this morning. As I said, I understand that the negotiations will be able to continue because another instrument will be laid at a later date.
It would be helpful if we had that nailed down.
I am happy to ask that. Are there any other comments?
I assume that the drafting changes are a result of refinements in definitions under European Union law that need to be reflected—
I am sorry; which instrument are you referring to?
It seems to apply to most, if not all, of the instruments.
I am sorry. I am not quite sure what you are referring to. Can you give us an example?
In SSI 2012/72, there is an updated definition of “family member”; the regulations refer to “frontier self employed person”, “EEA frontier worker”, and “Swiss employed person”. I assume that the changes just reflect changes in EU definitions.
Apparently they correct drafting errors.
Paragraph 5 of the cover paper says that the changes are
Does the committee agree to make no recommendations to Parliament on the Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Regulations 2012 (SSI 2012/54)?
Does the committee agree to make no recommendations to Parliament on the Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2012 (SSI 2012/72)?
Does the committee agree to make no recommendations to Parliament on the Teachers’ Superannuation (Scotland) Amendment Regulations 2012 (SSI 2012/70)?
I agree, subject to what was said earlier.
You have to either agree or not agree. Does the committee agree?
As the committee has agreed to take the next agenda item in private, I close the public part of the meeting.
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