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SPICe briefings
Date published:
3 October 2024
Post-Legislative Scrutiny in the Scottish Parliament: A Reflection of Session 5 - Lack of time for post-legislative scrutiny
Indeed, an MSP on the Justice Committee noted:
I have mentioned that they [the government] might want to cut down on the legislation so we can actually get some post-legislative scrutiny done and so we can actually concentrate on other issues (Interview M4).
The one exception to this rule in Session 5 was the Public Audit and Post-Legislative Scrutiny Commi...
SPICe briefings
Date published:
3 September 2024
Parental responsibilities and rights - Alternative dispute resolution
There would be no requirement to participate in ADR after going to an information meeting. There is a specific exception to the requirement to attend an information meeting if one of the parties has an alleged or proven history of abuse.iiiChildren (Scotland) Act 2020, section 24(2)(b).
SPICe briefings
Date published:
6 June 2024
The Housing (Scotland) Bill - Frequency of rent increases
The Scottish Government did not specifically consult on this proposal except in the context of RCA designation, and the majority agreed with this approach.
SPICe briefings
Date published:
10 April 2024
Judicial Factors (Scotland) Bill - The Committee's call for views
The Faculty of Advocates and the Sheriffs and Summary Sheriffs Association both thought section 23 of the Bill, which sets out the rule that legal costs should be borne from the estate, could be modified. This would be to deal with exceptional circumstances when a judicial factor was at fault and so should be found personally liable (out of their own pocket...
SPICe briefings
Date published:
28 February 2024
Electoral reform in Scotland and the Scottish Elections (Representation and Reform) Bill - Law Commission Joint Review on Electoral Law
The Commission’s main findings were that:
electoral law should be rationalised into a single, consistent legislative framework with consistent electoral laws across all elections, except where differences are necessary (for example, due to different voting systems)
the process for challenging elections should be modernised, making it easier for parties to u...
Committee reports
Date published:
24 October 2023
The Human Rights of Asylum Seekers in Scotland - No recourse to public funds
The NRPF condition prevents people from accessing most mainstream social security benefits, homelessness assistance and a local authority allocation of social housing, although there are some exceptions which may mean a particular benefit can be claimed by a person with NRPF.
SPICe briefings
Date published:
10 October 2023
Mobile (Park) Homes - Qualifying residents' associations
A residents’ association is a QRA if the criteria below are metiiMobile Homes Act 1983, Schedule 1, Part 1, para 31:
it is an association representing the occupiers of mobile homes on the site
at least 50 per cent of the occupiers of the mobile homes on the site are members of the association
it is independent from the owner who, together with any agent or employee of the owner, is excluded from membership
membership is open to all occupiers who own a mobile home on the site
it maintains a list of members which is open to public inspection together with the rules and constitution of the residents' association
it has a chairman, secretary and treasurer who are elected by and from among the members
with the exception...
Committee reports
Date published:
28 June 2023
Subordinate legislation considered by the Rural Affairs and Islands Committee on 28 June 2023 - The draft Agriculture and Horticulture Development Board (Amendment) Order 2023
These amendments—
extend the scope of the AHDB to work with non-levy paying agricultural and related sectors across the UK;
change the levy approval process whereby the obligation for the AHDB to seek Ministerial approval of the levy rate annually is replaced with the obligation to seek Ministerial approval for new levy rates only;
provide for the ability to seek Ministerial approval to charge a levy rate of zero for particular sectors for a period of time in exceptional...
Committee reports
Date published:
21 June 2023
Committee reports
Date published:
30 May 2023
Annual Report 2022 - 2023 - Subordinate Legislation
Subordinate Legislation
This year, the Committee considered the following pieces of subordinate legislation—
Affirmative
The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment (No. 2) Order 2022.
