Subordinate Legislation Committee

Meeting date: Tuesday, April 30, 2013

Official Report 331KB pdf

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Instruments subject to Negative Procedure

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Firemen’s Pension Scheme (Amendment) (Scotland) Order 2013 (SSI 2013/128)

There has been a failure to lay the instrument at least 28 days before it comes into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The committee may wish to note that, as a result of the policy adopted, the instrument required to come into force on 1 May 2013, given that its making depended on receipt of confirmation from the Department for Communities and Local Government of the applicable contribution rates, which occurred on 26 March. The committee may accordingly consider the failure to be acceptable, having regard to the circumstances in which the Scottish ministers found themselves.

Does the committee agree to draw the instrument to the Parliament’s attention on reporting ground (j), as there has been a failure to lay it at least 28 days before it comes into force, as required by section 28(2) of the 2010 act?

Members indicated agreement.

Does the committee find the explanation given by the Scottish Government for the failure to lay the instrument at least 28 days before it comes into force to be acceptable?

Members indicated agreement.

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Firefighters’ Pension Scheme (Scotland) Amendment Order 2013 (SSI 2013/129)

There has been a failure to lay the instrument at least 28 days before it comes into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. As with SSI 2013/128, which we have just considered, the instrument required to come into force on 1 May 2013, given that its making depended on receipt of confirmation from the Department for Communities and Local Government of the applicable contribution rates, which occurred on 26 March. The committee may therefore find the failure to be acceptable, having regard to the circumstances in which the Scottish ministers found themselves.

Does the committee agree to draw the instrument to the Parliament’s attention on reporting ground (j), as there has been a failure to lay it at least 28 days before it comes into force, as required by section 28(2) of the 2010 act?

Members indicated agreement.

Does the committee find the explanation given by the Scottish Government for the failure to lay the instrument at least 28 days before it comes into force to be acceptable?

Members indicated agreement.

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Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (SSI 2013/123)

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Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2013 (SSI 2013/126)

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Environmental Information (Scotland) Amendment Regulations 2013 (SSI 2013/127)

The committee agreed that no points arose on the instruments.