Subordinate Legislation Committee

Meeting date: Tuesday, April 24, 2012

Official Report 315KB pdf

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Instruments subject to Negative Procedure

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Firemen’s Pension Scheme Amendment (Scotland) Order 2012 (SSI 2012/106)

Does the committee agree to draw the order to the Parliament’s attention under reporting ground (j), as there has been a failure to lay the instrument at least 28 days before it comes into force, as is required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?

Members indicated agreement.

In doing so, the committee may wish to find the explanation that the Scottish Government has provided for that failure to be acceptable. The response to the committee has clarified that the revised contribution rates for the firefighters’ schemes were communicated to the Scottish Government on 26 March 2012, as soon as they had been agreed between the UK Government Department for Communities and Local Government and the firefighters’ trade unions, which occurred earlier that day. The order was then expedited and laid before the Parliament on 20 March.

It was laid on 30 March.

Did I not say 30 March?

No.

I am wrong, and I thank James Dornan for correcting me.

Does the committee agree to find the Scottish Government’s explanation for the failure to lay the instrument as required to be acceptable?

Members indicated agreement.

In addition, there are two drafting errors.

First, article 4 of the order inserts a new part 1A, on pension contributions, in schedule 8 to the Firemen’s Pension Scheme Order 1992 (SI 1992/129). It was intended to insert a new part A1 before part 1, as stated in article 3(a) of the 2012 order.

Secondly, the text in article 1(3) should be the heading to article 2. The Scottish Government has acknowledged those errors and proposes to resolve them by correction slip.

Does the committee agree to draw the order to the Parliament’s attention on the general reporting ground, because it contains those drafting errors?

Members indicated agreement.

Finally, does the committee agree to write to the Scottish Government to suggest that the Firemen’s Pension Scheme Order 1992, which is amended by the order under consideration, would merit consolidation, and to ask whether the Scottish Government has plans to consolidate it?

Members indicated agreement.

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Firefighters’ Pension Scheme (Scotland) Amendment Order 2012 (SSI 2012/107)

Does the committee agree to draw the order to the Parliament’s attention under reporting ground (j), as there has been a failure to lay the instrument at least 28 days before it comes into force, as is required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?

Members indicated agreement.

In doing so, the committee may wish to find the Scottish Government’s explanation for that failure to be acceptable, as it is precisely the same explanation that was provided in relation to the order that we have just considered. Does the committee agree to do so?

Members indicated agreement.