Delegated Powers and Law Reform Committee
Meeting date: Tuesday, December 7, 2021
Official Report 571KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Made Affirmative Procedure Inquiry
- 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
- Instrument Not Subject to Parliamentary Procedure
Instruments Subject to Negative Procedure
Under item 6, we are considering four instruments subject to the negative procedure.
Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Amendment (No 2) Regulations 2021 (SSI 2021/438)
An issue has been raised on the regulations, which amend the Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Regulations 2003 in light of changes made to the code of conduct for councillors and the model code of conduct for members of devolved public bodies.
The Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Amendment Regulations 2021 (SSI 2021/397) were laid before the Parliament on 8 November 2021 and were considered by the committee at its meeting on 23 November. The committee resolved to report those regulations on reporting ground (i), due to a failure in the regulations to make provision for all registrable interests, as set out in the revised model code, contrary to the policy intention. Those regulations would have come into force on 8 December.
The regulations now before us were laid on 25 November 2021 and came into force on 7 December 2021 to rectify the errors in SSI 2021/397 and to make further provision. The regulations are in breach of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which requires that an instrument subject to the negative procedure be laid
“at least 28 days before the instrument comes into force”,
not counting recess periods of more than four days. Does the committee agree to report the instrument on reporting ground (j) for failure to lay it in accordance with laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010?
Members indicated agreement.
Is the committee content with the explanation provided by the Scottish Government for breach of the requirement in section 28(2) of the 2010 act?
Members indicated agreement.
Finally, does the committee wish to welcome the fact that the Scottish Government laid the instrument timeously to rectify an error that was identified by the committee at its meeting on 23 November?
Members indicated agreement.
Also under this item are three more negative instruments, on which no points have been raised.
Scottish Road Works Commissioner (Imposition of Penalties) Amendment Regulations 2021 (SSI 2021/431)
Animal Products (Transitional Import Conditions) (Miscellaneous Amendment) (Scotland) Regulations 2021 (SSI 2021/432)
Social Security Administration and Tribunal Membership (Scotland) Act 2020 (Commencement No 5 and Transitional Provisions) Regulations 2021 (SSI 2021/442 (C 31))
Is the committee content with the instruments?
Members indicated agreement.