Official Report 491KB pdf
Under agenda item 3, we are considering two instruments. An issue has been raised on one of the instruments.
Recognition of Overseas Qualifications (Charges) (Scotland) Regulations 2025 (SSI 2025/67)
The instrument sets out charges that are payable for services relating to the recognition of overseas qualifications. Under section 28(2) of the Interpretation and Legislative Reform Scotland Act 2010, instruments that are 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 13 March 2025 and came into force on the 28 March 2025.
As required under the act, the Scottish Government has set out the reasons for the breach in a letter to the Presiding Officer, which will be published in the committee’s report on subordinate legislation that is considered at today’s meeting. It explains that the instrument requires to come into force by 28 March to provide a statutory basis for Scottish customers to be charged on the start date of a new contract.
Does the committee wish to draw the instrument to the attention of the Parliament under reporting ground (j), for failure to comply with laying requirements?
Members indicated agreement.
In correspondence with the Scottish Government, which is published alongside the papers for this meeting, the committee asked about the timing of a planned section 93 order to be made under the Scotland Act 1998, in the context of the wider legal issues that sit behind the making of the instrument.
The Scottish Government stated that arrangements are in place for the section 93 order to be made shortly and that it is due to be considered at the Privy Council in May 2025. It is of the view that the present instrument provides the necessary legal basis for the charging of the fees in Scotland and that the retrospective validation of fees that is proposed in the United Kingdom Government’s Border Security, Asylum and Immigration Bill will need to attach only to fees that were charged for services that were provided in Scotland before the present instrument came into force.
Does the committee wish to highlight to the lead committee the unusual history and context of the instrument, including the correspondence regarding the proposed section 93 order?
Members indicated agreement.
No points have been raised with regard to the following instrument.
Railway Closure (Exclusion) (Hairmyres) Order 2025 (SSI 2025/81)
Is the committee content with the instrument?
Members indicated agreement.