Delegated Powers and Law Reform Committee
Meeting date: Tuesday, October 26, 2021
Official Report 471KB pdf
Contents
- Attendance
- Interests
- 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 not subject to Parliamentary Procedure
Instruments not subject to Parliamentary Procedure
Under agenda item 7, we are considering four instruments. An issue has been raised on the following instrument.
Social Security Administration and Tribunal Membership (Scotland) Act 2020 (Commencement No 3) Regulations 2021 (SSI 2021/338 (C 23))
The instrument commences section 7 of the Social Security Administration and Tribunal Membership (Scotland) Act 2020. Section 8 of the 2020 act makes transitional provision in consequence of section 7 and should be brought into force at the same time. However, the instrument does not bring section 8 into force.
Following a question from the committee, the Scottish Government acknowledged in its response, which can be read in full in meeting paper 3, that that was an oversight. The Government thanked the committee for bringing that to its attention and said that it would introduce further regulations to commence section 8. That has now been done by SSI 2021/352, which is also being considered today.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), on the basis that its drafting appears to be defective?
Members indicated agreement.
Does the committee also wish to welcome the fact that SSI 2021/352 has subsequently been laid to correct the oversight?
Members indicated agreement.
No points have been raised on the following instruments.
Social Security (Switzerland) (Further provision in respect of Scotland) Order 2021 (SSI 2021/345)
Civil Partnership (Scotland) Act 2020 (Commencement No 4, Saving and Transitional Provision) Regulations 2021 (SSI 2021/351 (C 25))
Social Security Administration and Tribunal Membership (Scotland) Act 2020 (Commencement No 4) Regulations 2021 (SSI 2021/352 (C 26))
Is the committee content with the instruments?
Members indicated agreement.
10:13 Meeting continued in private until 10:21.