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Require new and old legislation to be read wherever possible in a way that is compatible with the UNCRC requirements; where this is not possible:
courts will be able to 'strike down' old incompatible legislation (being legislation which pre-dates the Bill), meaning that it no longer forms part of Scots law; or,
make a declaration that new legislation (being legislation which post-dates the Bill) is incompatible with the UNCRC.
Matters drawn to the attention of Parliament
Following our letter to the Cabinet Secretary for Justice dated 27 August 2020, and his response dated 3 September 2020, the Committee received further clarity on a number of the issues discussed in this exchange during our consideration of these regulations.
The Scottish Government’s reasons for the breach are set out in a letter to the Presiding Officer dated 22 April 2020 (see Annex B). The letter explains that at present, 30 April is the deadline for considering placing requests made before 15 March.
The Committee received a reply from the Scottish Government on 24 October 2019 supplying the requested information and confirming that to date no Species Control Orders have been issued in Scotland in relation to giant hogweed.
Regulation 5 also modifies the 2012 Regulations in their application to ILF Scotland so as to provide different dates by which certain duties have to be complied with.
Committee reports
Date published:
27 November 2017
We would be grateful if the Scottish Government would advise on its plans to "build on growth and how it is addressing the ongoing challenges in participation rates" referred to in their response.Scottish Government response to the Committee's Interim report, dated 18 July 2017
“Severe disablement benefit” means a benefit which is normally payable in respect of—
(a) a person’s being incapable of work for a period of at least 28 weeks beginning not later than the person’s 20th birthday, or
(b) a person’s being incapable of work and disabled for a period of at least 28 weeks;
and “relevant person”, in relation to severe disablement benefit, means a person who is entitled to severe disablement allowance under section 68 of the Social Security Contributions and Benefits Act 1992 on the date...
If no such provision has come into force by 1 April 2020, executive competence will transfer to the Scottish Ministers on that date.
The Social Security (Scotland) Bill4Social Security (Scotland) Bill [as introduced] SP Bill 18. (2017).