Seòmar agus comataidhean

That would be helpful—thank you.

Under agenda item 3, we are considering one instrument, on which no points have been raised.

Under agenda item 5, we will consider six instruments. Issues have been raised on three of these instruments. Again, full details of the issues can be found in paper 3 on the committee’s web page.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in respect of the three referencing errors in schedule 3?

Members indicated agreement.

This instrument amends the Official Controls (Extension of Transitional Periods) Regulations 2021 and European Commission decision 2000/572/EC to extend the transitional staging periods that apply in relation to the import of animals and goods that originate from certain third countries and territories from 31 December 2022 to 31 January 2024.

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 14 December 2022 and came into force on 1 January 2023. In correspondence with the Presiding Officer, the Scottish Government stated that the breach had occurred due to United Kingdom Government delays in agreeing policy, which resulted in the Scottish Government pursuing separate Scottish legislation.

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? The instrument was not laid at least 28 days before it came into force as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.

Members indicated agreement.

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

Is the committee content with the instrument?

Members indicated agreement.

Under item 2, we will take evidence from Kevin Stewart, the Minister for Mental Wellbeing and Social Care, on the National Care Service (Scotland) Bill at stage 1. The minister is accompanied by two Scottish Government officials: Anna Kynaston is deputy director, national care service, and Mark Richards is head of social care, legal services unit. I welcome you all.

I remind everyone that they should not worry about turning on their microphones during the session as those are controlled by broadcasting. I invite the minister to make some opening remarks.

You are absolutely right. The clerks put things together when we receive them but, if it is possible, we would appreciate a written response to cover Mr Balfour’s question.

The instrument lays down the rules of procedure that are to apply in the local taxation chamber, which is a new chamber of the First-tier Tribunal for Scotland. The committee identified various errors with the regulations. First, that the preamble cites an enabling power that is not, in fact, relied on for making the instrument and that, if it had been relied on, would have required the instrument to be laid under a different procedure. The Scottish Government proposes to rectify this error by way of a correction slip.

Secondly, the committee also identified a number of cross-referencing errors in rules 20(4), 26(2)(i) and (j), 26(5), 27(1)(b) and 27(2)(a)(iii); a drafting error in regulation 26(2)(i); that the definition in rule 1 of “respondent” could be clearer as to the types of appeal to which it relates; and that rule 20 could be clearer as regards what expenses the tribunal can award. The Scottish Government has committed to addressing those points in an amending instrument before the regulations come into force.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in that the preamble cites an enabling power that is not, in fact, relied on for making the instrument and that, if it had been relied on, would have required the instrument to be laid under a different procedure?

Members indicated agreement.