Delegated Powers and Law Reform Committee
Meeting date: Tuesday, March 28, 2017
Official Report 504KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Contract (Third Party Rights) (Scotland) Bill: Stage 1
Instruments subject to Negative Procedure
Non-Domestic Rates (Transitional Relief) (Scotland) Regulations 2017 (SSI 2017/85)
Agenda item 3 is consideration of instruments that are subject to the negative procedure.
The regulations reduce the amount payable as non-domestic rates for certain properties for 2017-18. The regulations were laid before Parliament on 16 March and come into force on 1 April 2017. They do not respect the requirement contained in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument.
Accordingly, does the committee agree to draw the regulations to the attention of the Parliament under reporting ground (j), that the instrument fails to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?
Members indicated agreement.
Does the committee also agree to find the failure to comply with section 28 to be acceptable in the circumstances as outlined in correspondence from the Scottish Government, published as part of our papers for this meeting?
Members indicated agreement.
No points have been raised by our legal advisers on the following nine instruments.
Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017 (SSI 2017/74)
Little Loch Broom Scallops Several Fishery Order 2017 (SSI 2017/77)
Valuation Appeal Committee (Procedure in Appeals under the Valuation Acts) (Scotland) Amendment Regulations 2017 (SSI 2017/78)
Road Traffic (Permitted Parking Area and Special Parking Area) (Angus Council) Designation Order 2017 (SSI 2017/79)
Parking Attendants (Wearing of Uniforms) (Angus Council Parking Area) Regulations 2017 (SSI 2017/80)
Road Traffic (Parking Adjudicators) (Angus Council) Regulations 2017 (SSI 2017/81)
Road Traffic (Permitted Parking Area and Special Parking Area) (Stirling Council) Designation Order 2017 (SSI 2017/82)
Parking Attendants (Wearing of Uniforms) (Stirling Council Parking Area) Regulations 2017 (SSI 2017/83)
Road Traffic (Parking Adjudicators) (Stirling Council) Regulations 2017 (SSI 2017/84)
Is the committee content with the instruments?
Members indicated agreement.