Seòmar agus comataidhean

I would just like to thank the committee for its time, and I look forward to receiving your report.

We are working on the detail of that now; we are in discussion about that.

The bill seeks to take a risk-based and proportionate approach. The categorisation of the regulator has implications in respect of the operation of its regulatory functions. For example, a category 1 regulator must delegate its regulatory functions to an independent regulatory committee and establish a client protection fund, whereas category 2 regulators would not have such duties.

It is considered important that the bill contains a mechanism to alter the category of an existing or new regulator, should there be a significant change in how a regulator meets the relevant criteria under section 8(6). In order to strengthen the safeguards there, we intend to introduce amendments whereby the Lord President’s consent would be required before any changes are made to the regulatory category of a regulator.

We are also considering amendments that would limit the scope of how such changes may be sought by limiting that to being done at the request of certain bodies such as the regulators or the consumer panel.

In addition, there may be scope for a new regulator to enter the market, which may require consideration of its categorisation or a change to that categorisation in respect of changing circumstances. For example, the Association of Construction Attorneys has only six people in it, so we do not feel that it would be appropriate for it to be in category 1, given all the duties that are put on category 1 compared with category 2.

The power allows for changes to a regulator’s functions. Where that relates to a regulator whose regulatory scheme was approved by virtue of the 1990 act, or for future regulators that achieve accreditation by virtue of the bill, that may be done via direction. That is not considered possible for existing regulators whose regulatory functions are set out in primary legislation, such as the Law Society and the Faculty of Advocates. It is considered, in such a case, that regulations are the most appropriate way to make changes. I will give an example. If it was considered that the Law Society had failed to properly regulate conveyancing or executry practitioners, that function could be used.

The power is also designed to be applied when a category 1 or category 2 regulator has not observed the regulatory objectives. Having considered stakeholders’ feedback, we intend to lodge amendments at stage 2 to transfer the responsibilities in sections 19 and 20 to the Lord President. We are also giving consideration to amending the sections so that regulations may be introduced only on the recommendation of the Lord President. As an additional safeguard, we are also considering whether the Lord President should have to give consent to any draft regulations before they can be laid in Parliament.

I have listened carefully to the concerns of the legal sector. Even though Esther Roberton, who appeared before the committee last week or the week before, wanted an independent regulator, she did not consider it appropriate to have any ministerial interference. I am listening carefully to such views, which is why we are considering those amendments.

Yes, the matter has been raised with me. As you know, it is not possible for the Scottish ministers or the Scottish Government to intervene in or comment on individual legal matters. However, I will be happy to meet you to discuss the issue.

Since the bill has been introduced, there have been on-going discussions with stakeholders, the Lord President and the judiciary about that. We are still at stage 1, so we have a bit to go, but as we move forward through the parliamentary process, we will be happy to provide further detail. At the moment, we are still working on the detail.

I do not. I will bring in my officials, but since the introduction of the bill, we have shown a willingness and an openness to work with the judiciary and stakeholders and to consider amendments prior to stage 2, so I do not agree with you.

Yes. Talks are on-going with all stakeholders and the legal sector.

Good morning, convener, and good morning, committee. Thank you for the opportunity to speak to the committee about the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No 4) Regulations 2023.

The instrument has been brought forward to deliver changes to existing legal aid regulations, primarily to ensure continuing access to justice in Scotland. It makes provision to ensure that legal advice and assistance will be available to persons arrested under section 27 of the National Security Act 2023. Schedule 6 of that act will, if commenced, create a procedural framework for the arrest of persons reasonably suspected to be involved in “foreign power threat activity”.

Current provision for legal advice and assistance does not cover all the circumstances of detention for such activity, and the regulations will make further provision to ensure that an appropriate regime is in place so that advice and assistance by way of representation can be provided to persons arrested under these provisions in the 2023 act. Without additional provision, there is a risk of persons arrested under the 2023 act being unable to access legal advice, assistance or representation. Similar provision is already in place for those detained under anti-terrorism legislation.

The instrument will also make provision for any carer support payment to be disregarded by the Scottish Legal Aid Board when assessing a person’s financial eligibility for civil legal aid, or children’s legal assistance, and for such payments to be excluded from the recovery where a person has a liability to the Scottish legal aid fund as a result of civil legal aid proceedings. Carer support payment is intended to improve outcomes for unpaid carers by providing financial assistance to those providing regular and substantial care to someone in receipt of a qualifying disability benefit.

Finally, the instrument makes minor amendments and corrections to regulations relating to counsel fees in respect of civil and criminal legal aid.

Convener, that was a brief overview of the regulations and their context. I am happy to answer questions.

Thank you, convener, and good morning. The draft regulations will, if passed, amend the First-tier Tribunal for Scotland Local Taxation Chamber and Upper Tribunal for Scotland (Composition) Regulations 2023, the Council Tax (Alteration of Lists and Appeals) (Scotland) Regulations 1993 and the Council Tax Reduction (Scotland) Regulations 2021.

A suite of regulations to effect the transfer of functions of the council tax reduction review panel and the valuation appeal committees to the local taxation chamber of the First-tier Tribunal for Scotland came into force on 1 April 2023. At the same time, some limited functions of the Lands Tribunal for Scotland were transferred to the Upper Tribunal. They related to non-domestic rates valuation appeals and referrals. Prior to the transfer of functions, those appeals or referrals were from the valuation appeal committees.

The draft regulations amend the composition of the Upper Tribunal when it hears appeals or referrals from the local taxation chamber. They align the composition of the Upper Tribunal when it hears valuation rating appeals with its composition when it hears all other appeals.

The draft regulations also amend the timescales that are set out in the Council Tax (Alteration of Lists and Appeals) (Scotland) Regulations 1993. Prior to the transfer of functions, an assessor had six months in which to carry out certain functions when they were of the opinion that a proposed alteration of a council tax valuation band was not well founded. That time period was substituted in transfer regulations to create a period of six weeks. Following representations from stakeholders, there are concerns that that timeframe is overambitious, so the draft regulations will amend it back to six months.

The draft regulations also make a consequential amendment to regulation 94 of the Council Tax Reduction (Scotland) Regulations 2021.

The president of the Scottish tribunals was consulted with regard to the regulations, in line with the requirements of the Tribunals (Scotland) Act 2014. I understand that the Delegated Powers and Law Reform Committee considered the draft regulations on 30 May and was content with them.

I am happy to answer any questions, convener.