Official Report 491KB pdf
Under agenda item 4, we are considering 4 instruments.
Disclosure (Scotland) Act 2020 (Commencement No 5, Saving and Transitional Provision) Amendment Regulations 2025 (SSI 2025/73 (C.7))
An issue has been raised in relation to the instrument, which creates new transitional provisions and changes the coming into force date of some provisions of the act by amending the principal regulations, the Disclosure (Scotland) Act 2020 (Commencement No 5, Saving and Transitional Provision) Regulations 2025.
In correspondence with the Scottish Government, which was published alongside the papers for this meeting, the committee raised the issue that the instrument does not specify a commencement date for the new regulations 13 to 15, which it inserts into the principal regulations. The Scottish Government confirmed that that was an error. The committee considers that the error impedes the operation of the instrument.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), as its drafting appears to be defective, in that there is no commencement date for the new regulations 13 to 15?
Members indicated agreement.
The Scottish Government has laid an amending instrument that the committee is also considering today, the Disclosure (Scotland) Act 2020 (Commencement No 5, Saving and Transitional Provision) Amendment (No 2) Regulations 2025. It inserts a coming into force date of 1 April 2025 for new regulations 13 to 15, which rectifies the error. Does the committee wish to welcome the fact that the Scottish Government has laid a corrective instrument, which will resolve the issue before the principal regulations come into force?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instruments.
Aggregates Tax and Devolved Taxes Administration (Scotland) Act 2024 (Commencement No 1) Regulations 2025 (SSI 2025/79 (C.8))
Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Miscellaneous) 2025 (SSI 2025/80)
Disclosure (Scotland) Act 2020 (Commencement No 5, Saving and Transitional Provision) Amendment (No 2) Regulations 2025 (SSI 2025/84 (C.9))
Is the Committee content with the instruments?
Members indicated agreement.
Air adhart
Minister for Parliamentary Business