Delegated Powers and Law Reform Committee

Meeting date: Tuesday, April 19, 2022

Official Report 457KB pdf

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Instruments subject to Negative Procedure

Under agenda item 3, we are considering four instruments. Issues have been raised on the following instrument.

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Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) Regulations 2022 (SSI 2022/90)

As noted under item 1, the regulations make exemptions from some official controls for certain animal and plant products being imported into Scotland from Northern Ireland and the Republic of Ireland. The intended effect of regulation 2 is to exempt imports of certain animal-origin goods that are produced in Northern Ireland and the Republic of Ireland from a pre-notification requirement to the border control authority.

In correspondence with the Scottish Government, the committee asked whether the absence of a reference in regulation 2 to the Republic of Ireland was intentional, given that related provisions refer to both Northern Ireland and the Republic of Ireland. The Scottish Government confirmed that that is a drafting error and that reference to the Republic of Ireland should have been included. The Scottish Government has committed to rectifying the error by making a further amendment in a Scottish statutory instrument that will be laid in the Scottish Parliament at the next available opportunity.

Does the committee wish to draw the instrument to the Parliament’s attention on reporting ground (i), as its drafting appears to be defective due to the error in regulation 2?

Members indicated agreement.

At the same time, does the committee wish to note the Scottish Government’s commitment to rectify the error by making a further amendment in an SSI that will be laid in the Scottish Parliament at the next available opportunity?

Members indicated agreement.

Issues have also been raised on the following two instruments, which are made under the Local Government Finance Act 1992.

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Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2022 (SSI 2022/124)

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Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (Scotland) Regulations 2022 (SSI 2022/125)

There has been a failure to lay the instruments in accordance with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The 2010 act requires that instruments subject to the negative procedure be laid at least 28 days before they come into force, not counting recess periods of more than four days.

SSI 2022/124 amends the Council Tax (Exempt Dwellings) (Scotland) Order 1997 (SI 1997/728) so that council tax is not charged on dwellings that are exclusively used as the sole or main residence of those who have left Ukraine in connection with the Russian invasion and who have leave to remain or enter the United Kingdom or a right to abode in the UK.

SSI 2022/125 amends specified council tax regulations to provide that entitlement to the single person discount from council tax liability and the council tax reduction scheme is not affected by offering accommodation to certain persons coming to the UK from Ukraine in connection with the Russian invasion.

In correspondence with the Presiding Officer in relation to the two instruments, the Scottish Government explained that the nature of the homes for Ukraine scheme, which the UK Government launched on 14 March 2022, is such that it has the potential to increase the level of council tax liability of those who accommodate Ukrainian refugees and that that was not able to be fully assessed until the scheme was launched.

The Scottish Government also stated that, given the urgent nature of the need to change the law on this occasion and the short timeframe between the launching of the homes for Ukraine scheme and the beginning of the 2022-23 council tax year, it was not possible to meet the 28-day requirement.

Does the committee wish to draw SSI 2022/124 and SSI 2022/125 to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements?

Members indicated agreement.

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

Members indicated agreement.

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

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Scottish Fire and Rescue Service (Framework) Order 2022 (SSI 2022/119)

Is the committee content with the instrument?

Members indicated agreement.