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Seòmar agus comataidhean

Delegated Powers and Law Reform Committee [Draft]

Meeting date: Tuesday, October 29, 2024


Contents


Instruments subject to Negative Procedure

Under agenda item 4, we are considering five instruments. An issue has been raised on one of the instruments.


Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Amendment Regulations 2024 (SSI 2024/281)

The Convener

The instrument changes the certificates that are required before a funeral, burial or cremation can lawfully take place in Scotland of a person who died in England, Wales or Northern Ireland.

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 15 October 2024 and came into force on 16 October 2024.

In correspondence with the Presiding Officer, the Scottish Government stated that the breach had occurred in order to resolve the issue that some families have been unable to arrange burial or cremation in Scotland where a loved one has died elsewhere in the United Kingdom due to the required certificate not being available until a coroner’s investigation is complete, notwithstanding that the coroner is content to release the body. In one known case, that is expected to take at least a year.

As such, the Scottish Government considers that it is necessary and reasonable to breach the 28-day rule to ensure that the amendments are made immediately to avoid prolonging the distress of grieving families.

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?

Members indicated agreement.

The Convener

Is the committee content with the reasons that the Scottish Government has provided for its failure to comply with the laying requirements?

Members indicated agreement.

Also under this agenda item, no points have been raised on the following instruments.


Road Traffic (Permitted Parking Area and Special Parking Area) (West Dunbartonshire Council) Designation Order 2024 (SSI 2024/270)


Parking Attendants (Wearing of Uniforms) (West Dunbartonshire Council) Regulations 2024 (SSI 2024/271)


Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2024 (SSI 2024/273)


Scotland Act 1998 (Agency Arrangements) (Specification) Order 2024 (SI 2024/989)

Is the committee content with the instruments?

Members indicated agreement.