Delegated Powers and Law Reform Committee
Meeting date: Tuesday, February 28, 2023
Official Report 458KB pdf
Contents
- Attendance
- Instrument subject to Made Affirmative Procedure
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
Instruments subject to Negative Procedure
Under agenda item 3, we are considering 10 instruments. Two issues have been raised on the following instrument.
Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 2023 (SSI 2023/33)
The instrument implements road works reform in various policy areas. The committee identified an error in regulation 5. The reference to regulation 7 in the definition of “type of work” should be to regulation 6. The Scottish Government proposes to rectify the error by way of a correction slip.
The instrument amends regulation 3(2)(f) of the Road Works (Scottish Road Works Register, Notices, Directions and Designations) (Scotland) Regulations 2008, which refers to the statutory code of practice issued in 2003, entitled “Specification for the Reinstatement of Openings in Roads”. The instrument also amends the Road Works (Reinstatement) (Scotland) Regulations 1992 to insert a definition of the current statutory code of practice, which was issued in 2019.
The Scottish Government has confirmed that the intention is that the 2008 regulations also refer to the current version of the code, which was issued in 2019, and not the code that was issued in 2003. Consequently, the 2008 regulations appear to refer to an obsolete code of practice.
Does the committee wish to draw the instrument to the Parliament’s attention on the general reporting ground, for a cross-referencing error in regulation 5?
Members indicated agreement.
Does the committee wish to note that the Scottish Government intends to correct this error by correction slip?
Members indicated agreement.
Does the committee also wish to draw the instrument to the Parliament’s attention on reporting ground (h), in that it could be clearer that regulation 3(2)(f) of the Road Works (Scottish Road Works Register, Notices, Directions and Designations) (Scotland) Regulations 2008, as amended by this instrument, is intended to refer to the current version of the statutory code of practice entitled “Specification for the Reinstatement of Openings in Roads”, rather than the 2003 version?
Members indicated agreement.
Finally, does the committee wish to call on the Scottish Government to clarify the position at a suitable legislative opportunity?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instruments.
Non-Domestic Rates (Restriction of Relief) (Scotland) Regulations 2023 (SSI 2023/28)
Non-Domestic Rate (Scotland) Order 2023 (SSI 2023/29)
Non-Domestic Rates (Levying and Miscellaneous Amendment) (Scotland) Regulations 2023 (SSI 2023/30)
Non-Domestic Rates (Transitional Relief) (Scotland) Regulations 2023 (SSI 2023/31)
Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Miscellaneous Amendment Order 2023 (SSI 2023/35)
Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2023 (SSI 2023/36)
Education (Scotland) Act 1980 (Modification) Regulations 2023 (SSI 2023/37)
Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (Scotland) Regulations 2023 (SSI 2023/38)
Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment Regulations 2023 (SSI 2023/39)
Is the committee content with the instruments?
Members indicated agreement.
Meeting closed at 10:07.