Delegated Powers and Law Reform Committee

Meeting date: Tuesday, February 21, 2017

Official Report 311KB pdf

Instruments subject to Negative Procedure

National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2017 (SSI 2017/27)

The main purpose of the instrument is to make changes to the pay and earnings bands that are set out in the relevant tables in existing regulations, against which employee contributions for the national health service superannuation scheme will be set for the year 2017-18.

The Scottish Government has acknowledged that an error has been made in regulation 1(2), which provides that various provisions in these regulations will have effect retrospectively from various dates. There has been an oversight, in that the Scottish Government intends that regulations 31 and 40 should not come into force on 13 March 2017, as is provided for, but should have effect retrospectively from 6 April 2016. As a result, regulations 31 and 40 will be commenced with effect from a date that is not the one intended. Accordingly, does the committee agree to draw the regulations to the attention of Parliament under reporting ground (i), as regulation 1(2) appears to be defectively drafted?

Members indicated agreement.

The Scottish Government has undertaken to make the necessary amendment to provide for the regulations to be commenced with retrospective effect in the way intended when the National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 (SSI 2013/174) are next amended. Does the committee agree to welcome that undertaking?

Members indicated agreement.

National Health Service Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2017 (SSI 2017/28)

No points have been raised by our legal advisers on the instrument. Is the committee content with it?

Members indicated agreement.