Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 22, 2022

Official Report 440KB pdf

Instruments subject to Negative Procedure

Under agenda item 3, we are considering two instruments subject to the negative procedure. An issue has been raised on the following instrument.

Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2022 (SSI 2022/97)

The instrument is made under the Police Act 1997. It amends the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010, which make provision for enhanced disclosures with suitability information relating to children and adults. The instrument adds an individual seeking to provide accommodation to a Ukrainian national who has left Ukraine in connection with the Russian invasion and any other person aged over 16 also residing on the premises that are to be used for the accommodation as two further categories of individuals to whom an exempted question may be asked for the purpose of an enhanced criminal record certificate.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure are required to be laid at least 28 days before they come into force, not counting recess periods of more than four days. In correspondence with the Presiding Officer, the Scottish Government explained that the regulations are required to come into force urgently in order to have a suitable safeguarding system in place for the imminent commencement of the homes for Ukraine scheme for those fleeing the Russian invasion of Ukraine.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j) in relation to its failure to lay the instrument in accordance with the laying requirements under the 2010 act?

Members indicated agreement.

At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirement?

Members indicated agreement.

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

Sports Grounds and Sporting Events (Designation) (Scotland) Amendment Order 2022 (SSI 2022/86)

Is the committee content with the instrument?

Members indicated agreement.