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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.  

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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 24 January 2026
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Displaying 2452 contributions

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Delegated Powers and Law Reform Committee [Draft]

Decision on Taking Business in Private

Meeting date: 20 January 2026

Stuart McMillan

Good morning, and welcome to the third meeting in 2026 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices.

Under agenda item 1, does the committee agree to take in private items 5, 6, 7, 8 and 9?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 20 January 2026

Stuart McMillan

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

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 20 January 2026

Stuart McMillan

In relation to both the draft Animal Health (Fixed Penalty Notices) (Scotland) Regulations 2026 and the draft Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026, does the committee wish to note that the original drafts of these instruments were withdrawn and the present versions relaid following questions raised by the committee with the Scottish Government?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 20 January 2026

Stuart McMillan

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

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 20 January 2026

Stuart McMillan

The purpose of this instrument is to give a cohort of retained firefighters further options to purchase historic pensionable service. In correspondence with the Scottish Government, published alongside the papers for this meeting, the committee asked whether the formula that the instrument sets out for calculating the amount of a “missed pension lump sum grant” was sufficiently clear regarding which years are to count in determining a value in that formula.

The Scottish Government has undertaken to clarify that the reference to years means only those years during which the firefighter was employed in the period from 1 July 2000 to the end date of their extended limited period. However, it considered that the intended meaning will be understood, given its context, and that the operation of the provision will not be impacted in practical terms, as the position is understood by the scheme authority and other key stakeholders. The Scottish Government nonetheless intends to clarify this point in the next suitable instrument.

Does the committee wish to report this point on reporting ground (h), as the instrument’s form or meaning could be clearer?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 20 January 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 Negative Procedure

Meeting date: 20 January 2026

Stuart McMillan

Also in relation to this instrument, and regarding the same formula, the committee asked whether the reference should be to the defined term “completed years” rather than “years”. The Scottish Government responded that it considered the legal effect of this cross-reference to be clear, but that it intended to amend the instrument at the next suitable opportunity in order to insert the word “completed” in the interests of consistency with the other formulae in the same part of the instrument.

Does the committee wish to report this point on the general reporting ground?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 20 January 2026

Stuart McMillan

That concludes the public part of the meeting.

10:04

Meeting continued in private until 10:18.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 20 January 2026

Stuart McMillan

Under agenda item 4, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 20 January 2026

Stuart McMillan

Does the committee also wish to note that the Scottish Government intends to clarify this provision in the next suitable instrument?

Members indicated agreement.