Delegated Powers and Law Reform Committee

Meeting date: Tuesday, January 31, 2017

Official Report 339KB pdf

Instruments subject to Affirmative Procedure

Schools (Consultation) (Scotland) Act 2010 (Modification) Regulations 2017 [Draft]

The regulations seek to amend paragraphs 2 and 3 of schedule 1 to the Schools (Consultation) (Scotland) Act 2010. The amendments are to implement the policy objective that education authorities should not be required to comply with the consultation requirements in the 2010 act if they want to establish new nursery schools or new nursery classes in schools or to relocate existing nursery schools or nursery classes.

When the regulations were laid for consideration by the Parliament and published by the National Archives, neither the regulations nor the 2010 act by virtue of which they are to be made included the definition of “nursery school”, which is contained in section 135(1) of the Education (Scotland) Act 1980. That definition will have effect only once the regulations are approved by the Parliament and made on behalf of the Scottish ministers by virtue of section 21(3) of the 2010 act read with section 135(1) of the 1980 act.

In circumstances in which an instrument is laid that inserts a new term or expression into an act, and when the term or expression is considered to properly obtain its definition as a consequence of provisions that are not explained in the instrument, the committee would expect a footnote to be added to the instrument to explain how the term or expression obtains its definition. That could assist the Parliament in its scrutiny of the instrument and readers of the instrument generally in understanding the provisions.

In these short regulations, the definition of “nursery school” is integral to the provisions. Accordingly, does the committee agree to draw the regulations to the Parliament’s attention on the general reporting ground, as the definition of “nursery school” should, as I have said, have been explained in the text of the regulations?

Members indicated agreement.

No points have been raised by our legal advisers on the following two instruments.

Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Amendment Regulations 2017 [Draft]

National Bus Travel Concession Scheme for Older and Disabled Persons (Scotland) Amendment Order 2017 [Draft]

Is the committee content with the instruments?

Members indicated agreement.