Skip to main content
Loading…

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.  

Criathragan Hide all filters

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 6 July 2025
Select which types of business to include


Select level of detail in results

Displaying 2221 contributions

|

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 15 November 2022

Stuart McMillan

Welcome to the 29th meeting in 2022 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch mobile phones to silent.

The first item of business is to decide whether to take items 3 to 9 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 15 November 2022

Stuart McMillan

The instrument makes ancillary provisions in connection with the amendments that were made to the Scottish Child Payment Regulations 2020 by the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022. That latter instrument was laid in draft under the affirmative procedure and came into force yesterday.

In correspondence with the Presiding Officer, the Scottish Government acknowledged that this is the second Scottish statutory instrument breaching the 28-day rule that has been required to seek to ensure that the draft affirmative instrument works as intended. In respect of this latest instrument, the letter states that it was necessary to breach the 28-day rule to address further issues that have been identified. The short timescales are required to deliver the policy intent and ensure that the required provisions come into force at the same time as the substantive provisions in the draft affirmative instrument.

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 8 November 2022 and came into force on 14 November 2022.

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? Does the committee also wish to welcome the Scottish Government’s apology for the breach while nevertheless indicating that the committee considers it to be unsatisfactory that this is the second amending instrument breaching the 28-day rule? In particular, does the committee wish to call on the Scottish Government to ensure that its quality assurance processes are sufficient to ensure that subordinate legislation that is laid before the Parliament is fit for purpose?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 15 November 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

10:07 Meeting continued in private until 11:09.  

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 8 November 2022

Stuart McMillan

Is the committee content with the instruments?

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 8 November 2022

Stuart McMillan

The instrument temporarily modifies the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017 and the Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017 by making changes to certain forms and notices that a landlord is required to serve on a tenant when seeking to end a tenancy. The modifications are made in response to emergency measures that were introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022.

In correspondence with the Presiding Officer, the Scottish Government explained that the 28-day rule cannot be met due to the speed with which the new legislation is being introduced and because amending regulations are required to ensure that the forms reflect all eviction grounds on the date on which the 2022 act comes into force. The correspondence further states that the coming into force date of the act and regulations cannot be moved, as the measures are urgently needed to help protect tenants during the cost of living crisis.

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 28 October 2022 and came into force the same day.

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? At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 8 November 2022

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 8 November 2022

Stuart McMillan

Under agenda item 3, we are considering one instrument, on which an issue has been raised.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 8 November 2022

Stuart McMillan

Thank you, Oliver. Your comments are noted and are on the record.

Is the committee otherwise content with the two recommendations?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 8 November 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

10:03 Meeting continued in private until 12:18.  

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 8 November 2022

Stuart McMillan

Welcome to the 28th meeting in 2022 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch mobile phones to silent.

The first item of business is to decide whether to take items 5 to 9 in private. Is the committee content to take those items in private?

Members indicated agreement.