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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 March 2025
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Displaying 1950 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 26 October 2021

Stuart McMillan

The committee will note that there has previously been a long-standing disagreement with the Scottish Government on whether regulations in respect of the council tax reduction scheme give rise to a devolution issue in so far as they relate to matters that are reserved in section F1, entitled “Social security schemes”, of part 2 of schedule 5 to the Scotland Act 1998. The issue is engaged by the instrument in so far as it amends the unconsolidated Council Tax Reduction (Scotland) Regulations 2012 (SSI 2012/303) and the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (SSI 2012/319).

In 2018, the session 5 committee agreed that, instead of continuing to highlight the disagreement with every new set of council tax reduction regulations, it would instead note its position on the devolution issue and on undertaking consolidation, as stated in its previous reports to the Parliament. The session 5 committee therefore agreed that it did not consider it necessary to repeat that view again. However, it continued to encourage the Scottish Government to undertake a consolidation of the principal regulations within a reasonable timescale, in the interests of clarity and accessibility.

Does the committee wish to note its predecessor’s position on the devolution issue and on undertaking consolidation—to the extent that that is still outstanding in respect of the pension age regulations—and restate that position for this session?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 26 October 2021

Stuart McMillan

Nevertheless, is the committee satisfied with the reasons given for the breach of the 28-day rule?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 26 October 2021

Stuart McMillan

Members will note that the Budget (Scotland) Act 2021 Amendment Regulations 2021 were withdrawn and relaid following initial questions from the committee.

Do members have any comments on any of the instruments?

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 26 October 2021

Stuart McMillan

Otherwise, is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 26 October 2021

Stuart McMillan

Finally, no points have been raised on the following instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 26 October 2021

Stuart McMillan

Do members have any comments on any of the instruments?

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 26 October 2021

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 26 October 2021

Stuart McMillan

Does the committee also wish to welcome the fact that SSI 2021/352 has subsequently been laid to correct the oversight?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 26 October 2021

Stuart McMillan

In respect of SSI 2021/357, does the committee nevertheless wish to highlight the importance that it places on consistency of terminology in secondary legislation, particularly when terms are defined?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 26 October 2021

Stuart McMillan

Under agenda item 5, we are considering five instruments. No points have been raised on the following draft instruments.