Official Report 449KB pdf
Under agenda item 4, we are considering four instruments. An issue has been raised on the following instrument.
Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2025 (SSI 2025/277)
The instrument makes changes to allow a prison governor to authorise the deputy governor to exercise, on their behalf, the “Governor veto” in relation to early release of prisoners. That is connected to the Early Release of Prisoners (Scotland) Regulations 2025 that we have just considered.
This instrument falls to be reported to the Parliament under reporting ground (j), for a failure to lay the instrument in accordance with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.?
The instrument was laid on 2 October 2025 and will come into force on 10 November 2025, breaching the 28-day rule in the 2010 act, which requires that an instrument must be laid before the Scottish Parliament
“at least 28 days before the instrument comes into force”.
Recess days are excluded for the purpose of counting the days between the instrument being laid and coming into force.
Does the committee wish to draw this instrument to the attention of the Parliament under reporting ground (j), for failure to comply with laying requirements, as it was not laid 28 counting days before it comes into force?
Members indicated agreement.
Is the committee satisfied with the reasons provided by the Scottish Government for its failure to comply with the laying requirements?
Members indicated agreement.
Also under this agenda item, no issues have been raised on the following instruments.
Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment Regulations 2025 (SSI 2025/263)
Rural Support (Simplification and Improvement) (Data Publication) (Scotland) Regulations 2025 (SSI 2025/274)
Council Tax Reduction (Miscellaneous Amendment) (Scotland) (No 5) Regulations 2025 (SSI 2025/275)
Is the committee content with the instruments?
Members indicated agreement.
In relation to Scottish statutory instrument 2025/263, does the committee wish to highlight to the lead committee, for its information, its correspondence with the Scottish Government?
Members indicated agreement.
That concludes the public part of the meeting.
10:04 Meeting continued in private until 10:26.