Delegated Powers and Law Reform Committee
Meeting date: Tuesday, November 15, 2022
Official Report 436KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instruments subject to Negative Procedure
Instruments subject to Negative Procedure
Under agenda item 2, we are considering two instruments. An issue has been raised on the following instrument.
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Scottish Child Payment (Ancillary Provision) Regulations 2022 (SSI 2022/326)
The instrument makes ancillary provisions in connection with the amendments that were made to the Scottish Child Payment Regulations 2020 by the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022. That latter instrument was laid in draft under the affirmative procedure and came into force yesterday.
In correspondence with the Presiding Officer, the Scottish Government acknowledged that this is the second Scottish statutory instrument breaching the 28-day rule that has been required to seek to ensure that the draft affirmative instrument works as intended. In respect of this latest instrument, the letter states that it was necessary to breach the 28-day rule to address further issues that have been identified. The short timescales are required to deliver the policy intent and ensure that the required provisions come into force at the same time as the substantive provisions in the draft affirmative instrument.
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 8 November 2022 and came into force on 14 November 2022.
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? Does the committee also wish to welcome the Scottish Government’s apology for the breach while nevertheless indicating that the committee considers it to be unsatisfactory that this is the second amending instrument breaching the 28-day rule? In particular, does the committee wish to call on the Scottish Government to ensure that its quality assurance processes are sufficient to ensure that subordinate legislation that is laid before the Parliament is fit for purpose?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instrument.
Electricity (Applications for Consent and Variation of Consent) (Fees) (Scotland) Amendment Regulations 2022 (SSI 2022/310)
Is the committee content with the instrument?
Members indicated agreement.
10:07 Meeting continued in private until 11:09.