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Under agenda item 2, we are considering four instruments. Points have been raised on three of them. The committee asked questions of the Scottish Government in relation to all four instruments, and the full correspondence has been published alongside the papers for this meeting.
Education (Appeal Committee Procedures) (Scotland) Amendment Regulations 2025 (SSI 2025/144)
The instrument makes amendments to the Education (Appeal Committee Procedures) (Scotland) Regulations 1982, which govern school admission and exclusion appeal hearings in Scotland. The committee asked a question about the enabling powers, specifically why section 28H(5) of the Education (Scotland) Act 1980 was not cited. The Scottish Government acknowledged that that section should have been cited as an enabling power, but considers that its omission does not affect the validity of the instrument.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground of a failure to follow proper drafting practice, in that section 28H(5) of the Education (Scotland) Act 1980 has not been cited as an enabling power in the preamble?
Members indicated agreement.
Firefighters’ Pension Scheme (Amendment) (Scotland) Regulations 2025 (SSI 2025/149)
The purpose of this instrument is to change employee contribution rates by amending the Firefighters’ Pension Scheme (Scotland) Regulations 2015 (SSI 2015/19). The committee asked whether the title of the instrument should in fact be the “Firefighters Pension Scheme (Scotland) Amendment Regulations 2025”. The Scottish Government agreed that that would be the more appropriate title. It regretted the departure from drafting convention but considered that the meaning, understanding or effect of the instrument would not be affected by the form of the title in this case.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in respect of the fact that its title is not in line with drafting convention?
Members indicated agreement.
Teachers’ Pension Scheme (Scotland) (Amendment) Regulations 2025 (SSI 2025/152)
The committee asked two questions on this instrument, which, from 1 August 2025, amends the eligibility criteria for membership of the Scottish teachers’ pension scheme by amending the principal regulations for the scheme—the Teachers’ Pension Scheme (Scotland) (No 2) Regulations 2014 (SSI 2014/292).
The first question was whether it had been intentional to include a definition of “immediately before” in schedule 1, thus suggesting that the definition applies in each place where it appears, including references in both the new provisions that are inserted by this instrument and existing provisions. The Scottish Government confirmed that the intention had been for the definition to apply only to the new provisions. However, it considers that, in the context of the other 13 provisions, the new definition is inoperative and therefore of no effect.
The second question relates to proposed new paragraph 16(1)(d) of schedule 1 to the principal regulations, as inserted by regulation 4(c) of these amendment regulations. The committee asked the Scottish Government what the words
“this part of the scheme”
meant in the paragraph, and whether its meaning was sufficiently clear. The Scottish Government confirmed that the paragraph is meant to have effect in relation to the scheme as a whole, as established by the principal regulations, and the unintentional ambiguity is regretted. The Scottish Government intends to clarify both issues in the next amending instrument.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in that the definition of “immediately before”, as inserted into schedule 1 of SSI 2014/292 by regulation 3 of the instrument, was intended to apply in relation to that term only where it appears in proposed new paragraphs 15B, 15C and 15D, but has been applied to all instances where that term appears in schedule 1; and that the reference to
“this part of the scheme”
in proposed new paragraph 16(1)(d) to schedule 1 of SSI 2014/292, as inserted by regulation 4(c) of the instrument, should be a reference to the scheme as a whole? Does the committee wish to note that the Scottish Government has undertaken to clarify those points in the next amending instrument?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instrument.
Valuation (Proposals Procedure) (Scotland) Regulations 2025 (SSI 2025/146)
Is the committee content with the instrument?
Members indicated agreement.
Does the committee wish to welcome that the instrument fulfils a commitment by the Scottish Government to correct a drafting error in the Valuation (Proposals Procedure) (Scotland) Amendment Regulations 2024 (SSI 2024/186)?
Members indicated agreement.
Does the committee also wish to note that the Scottish Government intends to correct a minor cross-referencing error identified by the committee as soon as possible, through a correction slip?
Members indicated agreement.