Chamber and committees

Is the committee content with the draft orders?

Members indicated agreement.

Agenda item 5 is consideration of two instruments that are not subject to parliamentary procedure and on which no points have been raised.

We will have the minister in front of the committee in a couple of weeks’ time, so we will be able to raise the point directly with him then.

The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (SSI 2012/319) are, however, yet to be consolidated. Does the committee wish to write to the Scottish Government asking whether and when those regulations will be consolidated?

Members indicated agreement.

Also, although the instrument revokes SSI 2020/344, it fails to revoke all the instruments that amended SSI 2020/344. The Scottish Government was grateful that that oversight was brought to its attention and confirmed by correspondence that the relevant amending instruments

“will be revoked at the earliest convenient opportunity.”

Does the committee wish to bring the instrument to the attention of the Parliament on the general reporting ground, and at the same time welcome the Scottish Government’s commitment to revoke the relevant amending instruments at the next legislative opportunity?

Members indicated agreement.

Does anyone have any questions on the instrument?

We come to agenda item 3. No points have been raised on the following orders.

We come to agenda item 4. Issues have been raised on four of the instruments under consideration.

There also appears to be an unusual or unexpected use of the enabling powers that are conferred by the parent statute. It would be more usual and expected for the Parliament to be given the opportunity to scrutinise the code of practice where there is a requirement in law to comply with it.

Does the committee wish to bring the regulations to the Parliament’s attention on reporting ground (g), on the basis that they have been made by the Scottish ministers with what appears to be an unusual and unexpected use of the enabling power?

Members indicated agreement.

The second negative instrument on which an issue has been raised is SSI 2021/241. The amendment regulations amend the original regulations and provide for free dental treatment for all young people aged between 18 and 25. They were laid on 15 June 2021 and came into force on 24 August. As the Parliament was in recess from 26 June until 29 August, during which time the clock stopped, the regulations were laid less than 28 days before they came into force. They are therefore in breach of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which requires that negative instruments are laid at least 28 days before they come into force, not counting recess periods of more than four days.

Do members have any comments?