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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 27 December 2024
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Displaying 1726 contributions

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Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

Okay, and then I will bring in Oliver Mundell for a supplementary.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

Thank you. As Jeremy Balfour has no further questions, I call Oliver Mundell.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

Morag, do you have anything to add?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

The bill as introduced contains 21 delegated powers. We have focused on eight of them, which appear to have been the focus of comments that you have made in response to the lead committee’s call for views. As a committee, we will report on all 21 of the proposed delegated powers in our report to the lead committee. Do you have any comments on any of the other delegated powers that are contained in the bill?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

Thank you for that. I note that Rachel Wood said that we would be receiving something in writing, and the committee certainly looks forward to that.

As colleagues have no more questions, I thank Morag Ross KC and Rachel Wood for their extremely useful and helpful evidence this morning. The committee might well follow things up in writing afterwards if we have any further questions.

With that, I move the committee into private session.

11:39 Meeting continued in private until 12:04.  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 24 October 2023

Stuart McMillan

Under agenda item 3, we are considering three instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 24 October 2023

Stuart McMillan

The instrument makes amendments to the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 and the Council Tax Reduction (Scotland) Regulations 2021 to ensure that certain types of payments, largely based on compensation or redress schemes, are disregarded for the purposes of calculating entitlement to council tax reduction. The instrument also makes provision to ensure that the capital of a person who is liable to pay council tax has no impact on their entitlement to second adult rebate.

In correspondence with the Scottish Government, the committee asked whether the Government considers it appropriate to insert the new paragraph 46 under part 5 of schedule 4 of the 2021 regulations, under the heading “Payments”, as the amendment does not concern a payment; it concerns the whole of a person’s capital. The Scottish Government recognised that it would be helpful to the reader to insert a new part number and heading into schedule 4 of the 2021 regulations at the next available opportunity, which it anticipates will be February 2024, when other substantive amendments to the 2021 regulations are expected to be made.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in that it inserts under the heading “Payments”, a new paragraph that concerns the whole of a person’s capital rather than a payment?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 24 October 2023

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

Under item 5, we are taking evidence on the Regulation of Legal Services (Scotland) Bill.? I welcome Esther Roberton, the author of “Fit for the Future—Report of the Independent Review of Legal Services Regulation in Scotland”. Esther and I sat on the board of the Scotland’s Futures Forum think tank until I left earlier this year.

Esther, do not worry about turning on your microphone during the session as that will be done by broadcasting. There is no need to answer every question. You are welcome to follow up any question in writing after the meeting, if you wish.?

We move to questions, which I will open. Will you give the committee an overview of the work that you undertook in 2017-18 on the regulation of legal services and the main points of your report?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

I have one final question in this area. Would the requirement for the Lord President to grant consent in relation to the powers in section 5 be of any assurance to you?