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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 4 May 2021
  6. Current session: 13 May 2021 to 22 September 2025
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Displaying 2261 contributions

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Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 3 May 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 3 May 2022

Stuart McMillan

Welcome to the Delegated Powers and Law Reform Committee’s 14th meeting in 2022. Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent.

The first item of business is to decide whether to take items 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 3 May 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

Instruments not subject to Parliamentary Procedure

Meeting date: 3 May 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

10:02 Meeting continued in private until 10:43.  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 26 April 2022

Stuart McMillan

Under agenda item 3, we are considering five instruments subject to the negative procedure. Issues have been raised on three of the instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 26 April 2022

Stuart McMillan

Also in relation to this instrument, there has been a failure to comply with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which requires that instruments subject to the negative procedure are laid at least 28 days before they come into force, not counting recess periods of more than four days. The instrument was laid on 25 March 2022 and came into force on 1 April 2022, except for regulations 2 to 5, as I have mentioned.

In correspondence with the Presiding Officer, the Scottish Government explained that it had consulted on regulations reforming the member contribution structure, which were due to come into force on 1 April 2022. The Government highlighted that Her Majesty’s Treasury was involved in the consultation process on the instrument. However, towards the end of the consultation process, HM Treasury changed its position and, on 18 February 2022, advised the Scottish Government that certain reforms that had been proposed should be delayed until 1 October 2022, because of the impact that they were set to have on lower and middle-earning NHS staff in the current economic climate. Alternative provision was required to extend the current member contribution rates in lieu of the member contribution reform that has been postponed by HM Treasury.

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

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 26 April 2022

Stuart McMillan

Does the committee wish to welcome the fact that SSI 2022/135 fulfils a commitment that was given by the Lord President’s private office to rectify referencing errors in SSI 2021/452 and SSI 2021/468 in respect of the sheriff appeal court rules 2015 and 2021?

Members indicated agreement.

10:14 Meeting continued in private until 10:33.  

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 26 April 2022

Stuart McMillan

Welcome to the Delegated Powers and Law Reform Committee’s 13th meeting in 2022. Before we move to the first item on the agenda, I remind everyone present to switch their mobile phones to silent.

The first item of business is to decide whether to take items 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 26 April 2022

Stuart McMillan

At the same time, does the committee wish to note the Scottish Government’s proposal to include a provision in a future SSI to insert the missing part of the title of Commission Implementing Regulation (EU) No 809/2014 into regulation 3(1)?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 26 April 2022

Stuart McMillan

Under agenda item 2, we are considering an instrument subject to the affirmative procedure, on which no points have been raised.