Chamber and committees

Reportable Statutory Instruments Ministerial response

Letter from the Minister for Parliamentary Business to Convener, 24 September 2021

Dear Convener,

Thank you for your letter of 10 September 2021 requesting information relating to two items discussed by the Delegated Powers and Law Reform Committee at your meeting on 31 August 2021.

Council Tax Reduction (Scotland) Regulations 2021

The Scottish Government has no plans to consolidate the Pension Age Council Tax Reduction Regulations. The regulations are implemented by local authorities who are familiar with them as amended and who operate the system effectively. Consolidation is therefore not essential for the scheme to continue operating. I should also add that these regulations have been amended fewer times than the existing working-age regulations.

For the working-age Council Tax Reduction scheme, the Scottish Government is making amendments for policy reasons which required a large number of amendments at the same time. We therefore took that opportunity to make those changes and consolidate the regulations. No such opportunity, with a large number of amendments being made at once, has presented itself for to the pension-age Council Tax Reduction Scheme regulations.

Many of the changes to the regulations are routine, such as amending figures used in calculations to reflect inflation. The number of amending instruments therefore masks the fact that changes are often repetitive and limited.

Four Instruments which the Committee was not able to consider at its first meeting in June 2021

I am grateful to the committee for highlighting issues raised by its legal advisers to 4 SSIs which, for various reasons, the committee was unable to consider at its first meeting in June 2021. I will respond to each in turn:

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 21) Regulations 2021 – After discussions with the committee’s legal advisers, a correcting instrument was made immediately remedying all the errors highlighted (SSI 2021/202).

The Meat Preparations (Import Conditions) (Scotland) Amendment Regulations 2021 - This instrument concerned import conditions for goods on which the Scottish Government considered it necessary that a similar approach be taken by all GB administrations to prevent confusion, disruption and the diversion of trade from existing points of entry into Great Britain. Despite pressing the UK Government for a decision on its own intended approach to the import condition concerned, the Scottish Government was only advised of the UK Government’s intentions on 18 March 2021. This instrument was made at the earliest possible opportunity to ensure that consistent import conditions would be applied throughout Great Britain to imports of meat preparations from EEA states

The UEFA European Championship (Scotland) Act 2020 (Championship Period and Transitory Provision etc.) Regulations 2021 - As necessitated by the pandemic, the consideration of plans for the Championship had been taking place during the pre-election period. As such, there had not been an opportunity to lay these regulations sooner and it was therefore not possible to allow this instrument to be laid before the Scottish Parliament at least 28 days before it needed to come into force on 31 May 2021.

Ultimately, the purpose of the UEFA European Championship (Scotland) Act 2020 was to help ensure successful delivery of UEFA EURO 2020 by enabling the commitments required by UEFA in relation to protection of commercial rights for event sponsors during the period of the event, and to do so in a way that had a proportionate impact on local businesses. Removal of the George Square and Merchant City event zones ensured that businesses in these areas were not unnecessarily affected by restrictions on street trading and advertising during the event.

The Milk and Healthy Snack Scheme (Scotland) Amendment Regulations 2021 - I have noted the Committee’s helpful feedback on the Milk and Healthy Snack Scheme (Scotland) Amendment Regulations 2021 (SSI 2021/206). I can confirm that the Scottish Government will clarify the references to “childcare provider” in regulations 13 and 19 and the references to “childcare provider” in regulations 9- 12,14, 18 and 20 in the Milk and Health Snack Scheme (Scotland) Regulations 2021 (which were further amended by SSI 2021/274) at the next legislative opportunity.

I hope that this response has been helpful.
 
Yours sincerely, 

George Adam