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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 4 May 2021
  6. Current session: 13 May 2021 to 4 March 2026
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Displaying 2506 contributions

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Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 17 February 2026

Stuart McMillan

Under agenda item 2, we are considering five instruments. Issues have been raised on the following instrument.

Delegated Powers and Law Reform Committee [Draft]

Decision on Taking Business in Private

Meeting date: 17 February 2026

Stuart McMillan

Welcome to the seventh meeting in 2026 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off, or put to silent, their mobile phones and other electronic devices.

Agenda item 1 is a decision on taking business in private. Does the committee agree to take item 5 in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 17 February 2026

Stuart McMillan

The purpose of this instrument is to add the characteristic of “sex” to the list of characteristics currently provided for by the 2021 act. The instrument also inserts interpretative provision for the term “sex”.

In correspondence with the Scottish Government, which was published alongside the papers for this meeting, the committee asked about the transitional provisions in the instrument. The committee notes that the transitional provisions were not included in the proposed draft of the instrument, which was considered by the committee on 16 September 2025.

Transitional provisions can be necessary when one legislative system ends and another begins. They make provision to specifically address those cases that straddle the transition.

Among other questions, the committee asked why the provisions are necessary, given the fact that, through the commencement provision, the instrument already limits the application of the regulations to after 5 April 2027.

The Scottish Government acknowledges in its response that there is no “old law” regarding sex-based prejudice, and states that it is seeking to make it clear that actions or conduct that took place prior to the commencement of the provisions will not fall within the scope of the new offences.

The committee sought further clarification on whether this provision might have an unintended effect on the application of sections 1 and 4 of the 2021 act as they currently apply in respect of all other characteristics. The Scottish Government responded that the instrument cannot have any legal impact on sections 1 and 4 for the purposes of those characteristics. The committee accepts this response, but considers that the provisions as currently drafted are unclear and unnecessary. The committee considers that transitional provisions should be used only where necessary to address genuinely transitional scenarios.

As such, does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (g), on the basis that it appears to be an unusual or unexpected use of the power conferred by the parent statute to make transitional provision, as it is not clear that the transitional provisions perform a transitional function?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 17 February 2026

Stuart McMillan

That concludes the public part of the meeting.

10:18

Meeting continued in private until 10:20.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 10 February 2026

Stuart McMillan

Is the committee content that no reporting grounds are engaged?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 10 February 2026

Stuart McMillan

In relation to the draft Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026, regulation 8 imposes a statutory requirement on care home service providers to have regard to a code of practice in carrying out the duties imposed by the instrument. Given the importance of allowing time for affected service providers to prepare to comply with this new requirement, does the committee wish to welcome that the Scottish Government intends to publish the code of practice in advance of the requirement coming into force?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 10 February 2026

Stuart McMillan

In relation to the draft Care Leaver Payment (Scotland) Regulations 2026, does the committee wish to welcome that the Scottish Government will address the typographical error in regulation 11(2)—to change “responsible authority” to “relevant authority”—either by correction slip or at the next suitable legislative opportunity?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 10 February 2026

Stuart McMillan

In relation to the draft Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026, does the committee wish to welcome that, through this instrument, the Scottish Government has, at the next suitable legislative opportunity, fulfilled a commitment to the committee in relation to the draft Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026, to correct the erroneous references in the Civil Legal Aid (Scotland) Regulations 2002, and the minor drafting point that the instrument introduced in the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 10 February 2026

Stuart McMillan

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

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 10 February 2026

Stuart McMillan

Is the committee content that no reporting grounds are engaged?

Members indicated agreement.