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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 15 February 2026
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Displaying 2482 contributions

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Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 10 February 2026

Stuart McMillan

Under agenda item 2, we are considering 10 draft instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 10 February 2026

Stuart McMillan

Also in relation to that instrument, does the committee wish to highlight its correspondence with the Scottish Government on that point to the lead committee, for its information?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 10 February 2026

Stuart McMillan

In relation to the draft Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2026, does the committee wish to welcome that this instrument fulfils a commitment by the Scottish Government to correct an error in the Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Savings Provisions) (Scotland) Regulations 2025?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Proposed Draft Instrument subject to Consultation

Meeting date: 10 February 2026

Stuart McMillan

Does the committee wish to note: that the proposed order appears capable of remedying the incompatibility with convention rights identified in X v Mental Health Tribunal for Scotland; that the proposed order goes beyond addressing the specific incompatibility identified by the court, which concerned recorded matters in the context of compulsion orders, by extending the recorded matters framework to other types of forensic orders, but that this is permitted by the scope of the power in section 12 of the Convention Rights (Compliance) (Scotland) Act 2001; that full technical scrutiny of the instrument will be carried out by the committee when the finalised draft order is laid under the affirmative procedure; and that the incompatibility was identified in October 2022, and that the proposed order is not expected to come into force until November 2026, and draw this to the attention of the lead committee?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 10 February 2026

Stuart McMillan

Finally, in relation to the draft National Bus Travel Concession Schemes (Miscellaneous Amendment) (Scotland) Order 2026, does the committee wish to note that the original draft of this instrument, which was laid on 4 December 2025, was withdrawn and the present version was re-laid to enable a draft code to be provided to the lead committee to aid its scrutiny of the draft instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 10 February 2026

Stuart McMillan

Does the committee also wish to note that context when reporting on that instrument in its next quarterly report?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 10 February 2026

Stuart McMillan

Under agenda item 3, we are considering 10 instruments. Issues have been raised on two of the instruments.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 10 February 2026

Stuart McMillan

This instrument dissolves NHS Education for Scotland and transfers its functions, property, rights, liabilities and obligations to the Common Services Agency for the Scottish health service. It also makes consequential and transitional provision.

In correspondence with the Scottish Government, published alongside the papers for this meeting, the committee asked about the consequential amendments and repeals that the instrument is making to primary legislation—in part 1 of the schedule to this instrument—and why the Scottish Government considers that the enabling powers permit this.

The Scottish Government advised that it is relying on section 105(7) of the National Health Service (Scotland) Act 1978 to make these consequential amendments and repeals. There is no express power to amend primary legislation in section 105(7) of the 1978 act. The committee’s report on subordinate legislation considered at today’s meeting will set out a fuller consideration of this response.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (g), on the basis that provisions in part 1 of the schedule have been made by what appears to be an unusual or unexpected use of the powers conferred by the parent statute, in the absence of an express power to amend primary legislation and in the absence of a fuller explanation from the Scottish Government?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 3 February 2026

Stuart McMillan

Under agenda item 2, we are considering eight draft instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 3 February 2026

Stuart McMillan

Is the committee content that no reporting grounds are engaged?

Members indicated agreement.