Delegated Powers and Law Reform Committee
Meeting date: Tuesday, January 18, 2022
Official Report 463KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- European Union (Withdrawal) Act 2018: Instrument Procedure and Category
- Instruments subject to Made Affirmative Procedure
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
Instruments subject to Affirmative Procedure
Under agenda item 4, we are considering five affirmative instruments.
Disability Assistance for Working Age People (Scotland) Regulations 2022 [Draft]
A number of issues were raised with the Scottish Government on the instrument. First, do members wish to report the following three errors on the general reporting ground? The first is that the definition of “EU withdrawal agreement” in regulation 2 is unnecessary, given that a definition of the term that is contained in schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 already applies.
The second error is that regulation 17(4)(b) refers to
“a child in respect of whom a person listed in paragraph (2)(a) has a relationship equivalent to those listed under the law of Scotland”,
and should instead refer to paragraph (3)(a) of regulation 17.
The third error is that the definitions of “civil partnership” and
“person who is living with another person as if they were in a civil partnership”
in regulation 17(4) are unnecessary in so far as they refer specifically to same-sex couples, on the basis that both same-sex and mixed-sex couples may enter into marriages and civil partnerships.
No member has indicated that they are not content or that they wish to speak, so we are agreed.
Secondly, do members wish to report the following three errors on reporting ground (h), on the basis that the meaning could be clearer? The first error is that regulation 7(2) relates to how an individual’s ability to carry out both daily living and mobility activities is to be determined, and therefore that regulation 7(2)(a) should refer to both the tables in schedule 1, at part 2, on “Daily Living Activities”, and part 3, on “Mobility Activities”.
The second error is that the meaning of the term “medical treatment” as defined in regulations 2 and 16 could be clearer, and that the definition in regulation 2 could be removed.
The third error is that the meaning of “qualifying services” in regulation 2 within the definition of “residential educational establishment”, and in regulations 27(4) and 27(5)(b), and 32(3) and 32(4)(b) could be clearer.
No member has indicated that they are not content or that they wish to speak, so we are agreed.
Additionally, do members wish to call on the Government to lay an amending instrument to rectify the errors in regulation 7(2)(a) and in respect of the term “medical treatment” as defined in regulation 2 before the instrument comes into force on 21 March 2022? Furthermore, do members wish to call on the Government to rectify in that amending instrument the other errors that the committee has identified?
No member has indicated that they are not content or that they wish to speak, so we are agreed.
Also under this agenda item, no points have been raised on the following draft instruments.
Deposit and Return Scheme for Scotland Amendment Regulations 2022 [Draft]
Registers of Scotland (Digital Registration, etc) Regulations 2022 [Draft]
Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 [Draft]
Aquaculture and Fisheries etc (Scheme for Financial Assistance) (Scotland) Regulations 2022 [Draft]
Is the committee content with the instruments?
No member has indicated that they are not content or that they wish to speak, so we are agreed.