Official Report 416KB pdf
10:03
Under agenda item 2, we are considering 10 draft instruments, on which no points have been raised.
Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026 [Draft]
Care Leaver Payment (Scotland) Regulations 2026 [Draft]
Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2026 [Draft]
Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 [Draft]
National Bus Travel Concession Schemes (Miscellaneous Amendment) (Scotland) Order 2026 [Draft]
Private Housing Rent Control (Exempt Property) (Scotland) Regulations 2026 [Draft]
Scottish Aggregates Tax (Miscellaneous Amendment) Regulations 2026 [Draft]
Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Domestic Homicide and Suicide Reviews) (Scotland) Amendment Order 2026 [Draft]
Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2026 [Draft]
Local Government Finance (Scotland) Order 2026 [Draft]
Is the committee content that no reporting grounds are engaged?
Members indicated agreement.
In relation to the draft Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026, regulation 8 imposes a statutory requirement on care home service providers to have regard to a code of practice in carrying out the duties imposed by the instrument. Given the importance of allowing time for affected service providers to prepare to comply with this new requirement, does the committee wish to welcome that the Scottish Government intends to publish the code of practice in advance of the requirement coming into force?
Members indicated agreement.
Also in relation to that instrument, does the committee wish to highlight its correspondence with the Scottish Government on that point to the lead committee, for its information?
Members indicated agreement.
In relation to the draft Care Leaver Payment (Scotland) Regulations 2026, does the committee wish to welcome that the Scottish Government will address the typographical error in regulation 11(2)—to change “responsible authority” to “relevant authority”—either by correction slip or at the next suitable legislative opportunity?
Members indicated agreement.
In relation to the draft Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2026, does the committee wish to welcome that this instrument fulfils a commitment by the Scottish Government to correct an error in the Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Savings Provisions) (Scotland) Regulations 2025?
Members indicated agreement.
In relation to the draft Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026, does the committee wish to welcome that, through this instrument, the Scottish Government has, at the next suitable legislative opportunity, fulfilled a commitment to the committee in relation to the draft Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026, to correct the erroneous references in the Civil Legal Aid (Scotland) Regulations 2002, and the minor drafting point that the instrument introduced in the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003?
Members indicated agreement.
Finally, in relation to the draft National Bus Travel Concession Schemes (Miscellaneous Amendment) (Scotland) Order 2026, does the committee wish to note that the original draft of this instrument, which was laid on 4 December 2025, was withdrawn and the present version was re-laid to enable a draft code to be provided to the lead committee to aid its scrutiny of the draft instrument?
Members indicated agreement.
Does the committee also wish to note that context when reporting on that instrument in its next quarterly report?
Members indicated agreement.