Delegated Powers and Law Reform Committee
Meeting date: Tuesday, March 2, 2021
Official Report 474KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instruments subject to Made Affirmative Procedure
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instrument not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (SSI 2021/73)
Issues have been raised on two of the instruments for consideration under agenda item 4. SSI 2021/73 makes provision that is transitional and consequential to the draft re-laid Disability Assistance for Children and Young People (Scotland) Regulations 2021. An issue was raised with the Scottish Government about the clarity of the meaning of “care home” in the subordinate legislation that is amended by certain regulations of the instrument. The Scottish Government accepts that those regulations should be consistent with the definition of “care home” in regulation 2 of the draft Disability Assistance for Children and Young People (Scotland) Regulations 2021, which is used in respect of amendments that the instrument makes to other subordinate legislation.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), on the basis that the meaning of “care home” in the subordinate legislation that is amended by regulations 10, 11(5), 13(5)(h)(ii) and 14(6)(c)(ii) of the instrument could be clearer, and does the committee wish to welcome the Scottish Government’s commitment to lay an instrument to come into force alongside and amend the relevant provisions of SSI 2021/73 to include consistent definitions of “care home”?
No member has indicated that they are not content or that they wish to speak, so that is agreed.
Health and Care Professions Council (Coronavirus) (Amendment) (No 2) Rules Order of Council 2021 (SI 2021/167)
SI 2021/167 corrects a drafting error in the Health and Care Professions Council (Coronavirus) (Amendment) Rules Order of Council 2021 (SI 2021/27) before that instrument comes into force on 4 March. In doing so, it has breached the rule that requires instruments that are subject to the negative procedure to be laid at least 28 days before they come into force.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), in that it has been laid less than 28 days before coming into force and has therefore breached the laying requirements under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010? At the same time, does the committee wish to note that it is satisfied with the explanation that has been provided for the failure to comply with those laying requirements, and to welcome the fact that the instrument rectifies the drafting error in SI 2021/27 that the committee identified in its report following its consideration of that instrument on 2 February 2021 before the earlier instrument comes into force on 4 March 2021?
No member has indicated that they are not content or that they wish to speak, so that is agreed.
No points have been raised on the following instruments.
National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2021 (SSI 2021/76)
National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2021 (SSI 2021/77)
Fireworks (Scotland) Miscellaneous Amendments Regulations 2021 (SSI 2021/79)
Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2021 (SSI 2021/80)
Plant Health (Export Certification) (Scotland) Amendment Order 2021 (SSI 2021/88)
Bee Diseases and Pests Control (Scotland) Amendment Order 2021 (SSI 2021/91)
Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 (SSI 2021/93)
Social Security (Industrial Injuries Benefit and Personal Independence Payment) (Telephone and Video Assessment) (Miscellaneous Amendments) (Scotland) Regulations 2021 (SSI 2021/97)
Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021 (SSI 2021/98)
National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2021 (SSI 2021/102)
Health and Care Professions Council (Registration and Fees) (Amendment) Rules Order of Council 2021 (SI 2021/170)
Is the committee content with the instruments?
No member has indicated that they are not content or that they wish to speak, so that is agreed.