Official Report 440KB pdf
Under agenda item 3, we are considering one instrument, on which a point has been raised.
Town and Country Planning (Fees for Appeals) (Scotland) Amendment Regulations 2025 (SSI 2025/166)
The amending instrument is intended to correct errors that the Scottish Government identified in Town and Country Planning (Fees for Appeals) (Scotland) Regulations 2025.
Section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 requires that a negative instrument must be laid before the Scottish Parliament at least 28 days before it comes into force.
This instrument was laid on 29 May 2025 and it came into force on 8 June 2025, which was less than 28 days later.
Does the committee wish to draw the instrument to the attention of the Parliament under reporting ground (j), which is the failure to comply with the laying requirements?
Members indicated agreement.
In a letter that will be published in the committee’s report on the subordinate legislation considered at today’s meeting, the Scottish Government explained to the Presiding Officer the reasons for not complying with the laying requirements.
Scottish statutory instrument 2025/124, which this instrument corrects, came into force on 9 June 2025. Therefore, this corrective instrument had to come into force on 8 June 2025 at the latest, to avoid errors in the first instrument having practical effect.
Is the committee satisfied with the reasons that have been given for the failure to comply with the laying requirements?
Members indicated agreement.