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Chamber and committees

Delegated Powers and Law Reform Committee

Meeting date: Tuesday, May 17, 2022

Agenda: Decision on Taking Business in Private, Instruments subject to Affirmative Procedure, Instruments subject to Negative Procedure, Instrument not subject to Parliamentary Procedure


Instruments subject to Negative Procedure

Under agenda item 3, we are considering five instruments. An issue has been raised on the following instrument.

Police Act 1997 (Criminal Records) (Homes for Ukraine Sponsorship Scheme) (Scotland) Amendment Regulations 2022 (SSI 2022/158)

The Convener

The instrument amends the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010 (SSI 2010/168) by extending the categories of individuals to whom an exempted question may be asked for the purpose of an enhanced criminal record certificate. That applies to individuals who are seeking to provide accommodation in relation to the homes for Ukraine sponsorship scheme, whether or not they reside in the accommodation themselves.

The instrument was laid on 6 May 2022 and came into force on 12 May. It therefore breaches the 28-day rule in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. In correspondence with the Presiding Officer, the Scottish Government explained that a breach of the laying requirements had been necessary to ensure that the safeguarding system that is in place is suitable. It also ensures that the appropriate level of checks can be undertaken in advance of matching taking place, given the number of people due to arrive in Scotland in a very short timescale.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements?

Members indicated agreement.

The Convener

Is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?

Members indicated agreement.

Also under this agenda item, no points have been raised on the following instruments.

Council Tax Reduction (Scotland) Amendment (No 3) Regulations 2022 (SSI 2022/161)

Is the committee content with the instruments?

Members indicated agreement.