Chamber and committees

The instrument makes saving provisions in consequence of the expiry of part 1 of the Coronavirus (Scotland) Act 2020 and part 1 of the Coronavirus (Scotland) (No 2) Act 2020.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days.?The instrument breaches that requirement, as it was laid on 30 August 2022 and will come into force on 1 October 2022.

In correspondence with the Presiding Officer, the Scottish Government explained that it was unable to lay the instrument in late June to allow the full 28 days before coming into force. That was due to the fact that the final stages of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 were also taking place at that time and may have necessitated further provision in the instrument.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements? At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?

Members indicated agreement.

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

Is the committee content with the instruments?

Members indicated agreement.

The charter was previously laid in February 2022 and was subsequently withdrawn following questions being asked on behalf of the committee about whether the statutory consultation requirements had been met. That was still not clear in the revised charter that is before the committee today.

In correspondence with the Scottish Government on the revised charter, the committee asked whether there had been direct communication with all eight statutory consultees listed in section 33(2) of the Housing (Scotland) Act 2010 and whether any changes were made to the revised charter in light of direct communication from the statutory consultees.

The Scottish Government’s response, which can be found in the published papers for the meeting, lists the statutory consultees that responded to the consultation and the changes made to the charter in light of the consultation responses received. Given that the lead committee, which is the Local Government, Housing and Planning Committee, is likely to have an interest in that work, are members content for that correspondence to be drawn to the attention of the lead committee?

Members indicated agreement.

Is the committee content with the instrument?

Members indicated agreement.

Is the committee content with the instrument?

Members indicated agreement.

Is the committee content with the instrument?

Members indicated agreement.

Under agenda item 5, we are considering two instruments. An issue has been raised on the following instrument.

Schedule 3 to the instrument provides an updated definition of vacation sitting days of the Court of Session from the beginning of 2024 up to the end of the 2026 winter vacation. In correspondence with the committee, which can be read in our published papers, the Lord President’s private office confirmed that there was an error in the selection of two of the vacation sitting days. It noted that the days selected should have inserted Monday instead of Wednesday in both instances. The Lord President’s office intends to correct the error at the next available opportunity.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground? At the same time, does the committee wish to welcome the fact that the Lord President’s private office intends to take corrective action, by way of an amendment, at the next available opportunity?

Members indicated agreement.

Is the committee content with the instrument?

Members indicated agreement.