Infrastructure and Capital Investment Committee
Meeting date: Wednesday, October 31, 2012
Official Report
370KB pdf
Subordinate Legislation
Housing (Scotland) Act 2001 (Assistance to Registered Social Landlords and Other Persons) (Grants) Amendment Regulations 2012 (SSI 2012/258)
Item 2 is consideration of an instrument that is subject to the negative procedure. I refer members to paper ICI/S4/12/18/3 and the regulations. No motion to annul has been lodged in relation to the regulations.
The Subordinate Legislation Committee has brought two issues to our attention, one of which relates to what that committee thinks is defective drafting. As our paper says, the problem
“relates to the part of the Regulations that is meant to provide for the procedure ... which local authorities must follow in considering applications for IIF”—
innovation and investment fund—
“grants.”
The Subordinate Legislation Committee said:
“It does not appear that”
the instrument
“contains any provision which regulates the procedure to be followed by local authorities in considering applications for IIF grants. The document rather concerns itself with how the Scottish Ministers and COSLA will deal with applications for IIF grants from local authorities themselves.”
The committee said that there is, therefore,
“doubt as to whether the instrument effectively makes any provision as to the procedure to be followed by local authorities, despite that being its apparent intention.”
I invite comments from members.
It would be good to get the Government officials along to next week’s meeting. Based on what the Subordinate Legislation Committee said, I have concerns about the regulations, but it would be reasonable to hear what the officials have to say in response.
I agree.
Okay. I take it that the committee agrees to defer consideration of the regulations and to invite Government officials to next week’s meeting, so that they can explain the position.