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10:02
Under agenda item 4, we are considering four instruments. An issue has been raised on the following instrument.
Children (Care, Care Experience and Services Planning) (Scotland) Act 2026 (Commencement No 1) Regulations 2026 (SSI 2026/258 (C 25))
This instrument brings various provisions of the Children (Care, Care Experience and Services Planning) (Scotland) Act 2026 into force.
The committee asked the Scottish Government whether certain definitions, including
“family group decision-making services”,
should also have been commenced by this instrument.
The Scottish Government’s response is published alongside the papers for this meeting. The Government acknowledged that there is an inconsistency in the drafting approach in relation to the commencement of the consultation requirement, and that this particular definition should be commenced for the purposes of section 64. The Government intends to commence the definition in the next commencement instrument, which will ensure that it applies for all purposes, including the consultation requirement.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, on the basis of the inconsistent approach taken to the commencement of definitions?
Members indicated agreement.
Does the committee wish to welcome that the Scottish Government intends to address this in the next commencement Scottish statutory instrument for the 2026 act, which will be laid at the next opportunity?
Members indicated agreement.
The committee also asked the Scottish Government whether a reference in the instrument to section 73A(2) should be to section 73A(3). The Scottish Government accepted that the reference was wrong and advised that it intends to correct this by correction slip.
Does the committee wish to welcome that the Scottish Government intends to address the point concerning section 73A(2) by correction slip?
Members indicated agreement.
Also under this agenda item, no issues have been raised on the following instruments.
Tertiary Education and Training (Funding and Governance) (Scotland) Act 2026 (Commencement No 1) Regulations 2026 (SSI 2026/261 (C 26))
Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (Commencement No 2 and Transitional Provision) Regulations 2026 (SSI 2026/262 (C 27))
Community Wealth Building (Scotland) Act 2026 (Commencement) Regulations 2026 (SSI 2026/265 (C 28))
Is the committee content that no reporting grounds are engaged?
Members indicated agreement.
That concludes the public part of the meeting.
10:05
Meeting continued in private until 10:33.
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Instruments subject to Annulment