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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 10 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: 1 November 2022

Stuart McMillan

The instrument makes savings provisions in connection with the amendments that will be made by the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 to the Scottish Child Payment Regulations 2020.

The savings provisions will ensure that the higher weekly rate of the Scottish child payment of £25 applies only to periods of entitlement that fall on or after 14 November 2022, and that an individual’s entitlement to a double payment where a child dies does not apply where the child in question dies before 14 November 2022.

In correspondence with the Presiding Officer, the Scottish Government explained that, following an issue having been identified, it was necessary to breach the 28-day rule so that the savings provisions will come into force at the same time as the substantive provisions. That will ensure that the policy intent is delivered, and it will prevent there being a gap between the substantive changes to the law and the coming into force of savings provisions on a later date.

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 26 October 2022 and will come into force on 14 November 2022.?

Does the committee wish to draw the instrument to the attention of Parliament on reporting ground (j), for failure to comply with laying requirements? At the same time, does the committee wish to note that the instrument makes necessary savings provisions in order to give full effect to the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 1 November 2022

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 1 November 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

11:11 Meeting continued in private until 12:23.  

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

I have a quick question on the issue. I assume therefore that there has been no indication at all that if that matter was covered in the bill and then proceeded through Parliament there would a challenge from the UK Government or anyone in the legal fraternity?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

Do members have any other questions for the minister or his team?

Minister—I thank you and your colleagues for appearing today. I have one request. We will produce our stage 1 report and the Scottish Government will reply to it. You have touched a couple of times on the existing legal protections. Following today’s discussion, it would be useful if the reply to the stage 1 report could highlight where you feel the legal protections exist and where there might be gaps where protections do not exist.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 1 November 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 1 November 2022

Stuart McMillan

Under item 4, we are considering two instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

Another aspect is the waiver of defence clauses, which would appear to work against the interests of debtors in an assignation. Why has the Scottish Government chosen to formulate the proposed law in that way? Why have protections for individual debtors not been included, as they have elsewhere in the bill?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

That would be helpful, thank you. Clearly, there is still some time before stages 2 and 3. Evidence that we have received has suggested that, whether or not the aspect is addressed in the bill, a section 104 order could be made as the bill passes so that there is a full suite of measures to complement the bill rather than a gap.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Stuart McMillan

Thank you.