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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 14 May 2025
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Displaying 2097 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 December 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 6 December 2022

Stuart McMillan

Under agenda item 5, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 6 December 2022

Stuart McMillan

Under agenda item 3, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 December 2022

Stuart McMillan

The instrument amends the Building (Scotland) Amendment Regulations 2022 (SSI 2022/136) by amending the date on which new mandatory energy and environmental standards for buildings and building work are introduced, from 1 December 2022 to 1 February 2023.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days.?The instrument breaches that requirement, as it was laid on 17 November 2022 and came into force on 30 November 2022.

In a letter to the Presiding Officer, the Scottish Government explained that the instrument breached the laying requirements because the development and approval of commercial products that are produced by third parties to support developers to undertake and complete assessment of new buildings against the new standards had taken longer than planned. That affected the ability of those undertaking new development to submit full proposals for building warrant approval to their local authority.

In correspondence with the Scottish Government, the committee asked for a further explanation for the breach, given that the laying requirements were complied with when the deadline was postponed previously. In its response, the Scottish Government acknowledged that the last round of engagement with providers was on 14 October. It noted that, although some responses were immediate, it took longer than expected to determine the full picture and that it was aware of further disruptions to the development process being made over the period by the contractor that is managing the software approval process on its behalf.

Does the committee wish to draw the instrument to the Parliament’s attention on reporting ground (j), for failure to comply with laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 December 2022

Stuart McMillan

Also under this agenda item, no points have been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 December 2022

Stuart McMillan

Under agenda item 4, we are considering three instruments. Issues have been raised on two of the instruments.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 6 December 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Made Affirmative Procedure

Meeting date: 6 December 2022

Stuart McMillan

Under agenda item 2, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 6 December 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

10:13 Meeting continued in private until 11:50.  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 December 2022

Stuart McMillan

Does the committee wish to draw to the attention of the relevant lead committee the reasons that have been given for the breach of the 28-day rule in this instance?

Members indicated agreement.