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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 5 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 February 2023

Stuart McMillan

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.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 February 2023

Stuart McMillan

Finally, does the committee wish to call on the Scottish Government to clarify the position at a suitable legislative opportunity?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Made Affirmative Procedure

Meeting date: 28 February 2023

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 February 2023

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 February 2023

Stuart McMillan

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.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 28 February 2023

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Made Affirmative Procedure

Meeting date: 28 February 2023

Stuart McMillan

Welcome to the Delegated Powers and Law Reform Committee’s seventh meeting in 2023. Before we move to the first item on the agenda, I remind everyone present to switch their mobile phones to silent.

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

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 February 2023

Stuart McMillan

Under agenda item 3, we are considering 10 instruments. Two issues have been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 28 February 2023

Stuart McMillan

Under agenda item 2, we are considering three instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 February 2023

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Meeting closed at 10:07.