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Chamber and committees

Meeting date: Tuesday, May 24, 2022

Delegated Powers and Law Reform Committee 24 May 2022 [Draft]

Agenda: Decision on Taking Business in Private, Instruments subject to Affirmative Procedure, Instruments subject to Negative Procedure


Contents


Instruments subject to Affirmative Procedure

Under agenda item 2, we are considering two instruments. Issues were raised with the Scottish Government on the following instrument.


Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 [Draft]

The instrument sets out provisions for transferring specified individuals in Scotland who are currently in receipt of disability living allowance to become entitled to adult disability payment, and makes miscellaneous amendments to specified legislation.

In correspondence with the Scottish Government, which has been published alongside the agenda for this meeting, the committee highlighted errors that have been identified in regulations 2, 5(1) and 19(10). The Scottish Government confirmed that it intends to correct the errors in regulations 2 and 19(10) by way of a correction slip. It will correct the error in regulation 5(1) at the next legislative opportunity.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in respect of errors in regulations 2, 5(1) and 19(10)?

Members indicated agreement.

At the same time, does the committee wish to welcome the fact that the Scottish Government intends to correct the errors in regulations 2 and 19(10) by way of a correction slip, and to correct the error in regulation 5(1) at the next opportunity?

Members indicated agreement.

Does the committee also wish to welcome the fact that the Scottish Government made a number of amendments in the instrument that give effect to the committee’s recommendations from earlier this year in relation to its consideration of the Disability Assistance for Working Age People (Scotland) Regulations 2022?

Members indicated agreement.

Also under this agenda item, no points have been raised on the following instrument, which has been relaid.


Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No 2) Regulations 2022 [Draft]

Is the committee content with the instrument?

Members indicated agreement.