The Scottish Parliament Delegated Powers and Law Reform Committee, 20 Jun 2017

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From YouTube: Delegated Powers and Law Reform Committee - Scottish Parliament: 20th June 2017

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1. Decision on taking business in private: The Committee will decide whether to take item 7 in private.

2. Instruments subject to affirmative procedure: The Committee will consider the following—
Advice and Assistance (Proceedings for Recovery of Documents) (Scotland) Regulations 2017 [draft].

3. Instruments subject to negative procedure: The Committee will consider the following—
Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2017 (SSI 2017/180); Welfare Reform (Consequential Amendments) (Scotland) Regulations 2017 (SSI 2017/182); Building (Miscellaneous Amendments) (Scotland) Regulations 2017 (SSI 2017/188); Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 (SSI 2017/177).

4. Instruments not subject to any parliamentary procedure: The Committee will consider the following—
Community Empowerment (Scotland) Act 2015 (Commencement No. 8) Order 2017 (SSI 2017/192 (C.16)); Lobbying (Scotland) Act 2016 (Commencement No. 1) Regulations 2017 (SSI 2017/201 (C.18)).

5. Air Departure Tax (Scotland) Bill: The Committee will consider the delegated powers provisions in this Bill after Stage 2.

6. Railway Policing (Scotland) Bill: The Committee will consider the delegated powers provisions in this Bill after Stage 2.

7. Forestry and Land Management (Scotland) Bill: The Committee will consider further the delegated powers provisions in this Bill at Stage 1.

Published by the Scottish Parliament Corporate Body.

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Good morning, everyone I'd like to welcome all the members to the 24th meeting in 2017 of delegated powers and Law Reform Committee. We received apologies from John, Scott, convener and also Allison Harris, and like to welcome any whales who's attending. As a substitute member for John Scott agenda item number one is a decision in taking business and private its proposed that the committee take item number seven and private item, seven as a consideration of the delegated powers provisions in the forestry and land management of scottandelle.

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There's a committee agree to take item seven and private agenda item number two. As instruments subject to affirmative procedure. New points have been raised by illegal advisors, on the draft advice and assistance proceedings for recovery of documents, Scotland regulations 2017 as a committee content, the first entrant agenda item number three instruments subject to negative procedure. The next sentiment for consideration is the education fees and the student support miscellaneous amendments, Scotland regulations, 2017 SSI, 2017 180.

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The purpose of this instrument is to make a number of amendments to seven sets of regulations relating to student fees, allowances, loans and both of these illegal advisors have identified an issue in relation to the drafting of new paragraph 4 B 1 of regulation, two of the education student loans for tuition fees, score from the regulations at 2006, inserted by regulation, 3 B, all the regulations and that it could be clearer.

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In particular, it could be clear of the words that person and the final line of subparagraph B 1 are identified, so they are intended to the fail to the person who will be undertaking a course of study rather than to the person's appearance, guardians or any other person having parental responsibilities or care of them when a child, multiple references to our person or that person for anything and any other person, and subparagraph B one affect the quality of the provision.

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Accordingly, there's a committee agree to draw the instrument to the attention of the Parliament on the reporting around each for the reason I've just outlined.

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In addition, the provision of a more detailed policy note or further supporting documentation explaining and fill the policy intention underlying this provision. We have assisted the committee an exclusive of this instrument, given that the instrument makes detailed technical amendments to the eligibility criteria for student support, insertion, few ones and part in response to our judgment of the UK Supreme Court, upholding a challenge to the existing eligibility criteria applicable under the equivalent England and Wales regulations on Human Rights grounds, and does the committee agree to express its disappointment that further supporting documentation?

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What an impact assessment was not supplied and expressed its concern that the consultation was not considered necessary.

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Furthermore, our legal advisors have identified that the instrument contains the following for drafting errors, fosters the what the as emitted from the beginning of subparagraph B, 2 and of new regulation for two of Education student loans for tuition fees, Scotland regulations, 2006 inserted by regulation VB. Secondly, a new paragraph 9, a of regulation, two of the education student loans, association fees at Scotland regulations 2006 and served by regulation, 3 C and a new paragraph 8a of regulation to over the education of students, Scotland regulations, 2007 and certify regulation.

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16 B, the references to paragraph 2 for B should be references to regulation to afford be fog, Li and regulation, 10 B and the references to 5, B and 6, a 3 and B of schedule. 1 of a nursing and midwifery student allowances, Scotland regulations, 2007 parentheses around both 5 & 6, should be deleted and, fourthly, that references to regulation, 2, 3, &, 4, & regulation 22, should be to regulation 2, 2, &, 3.

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There's a committee therefore agree to draw the instrument to the attention of the Parliament under the general reporting ground as a result of the drafting errors. I have just opened.

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Nonetheless. Does the committee agreed to welcome the scottish government's commitment to amend these provisions at the next time it makes regulations and the idea of a student support.

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The next instrument for consideration is the welfare reform. Consequential amendments, Scotland regulations, 2017 SSI, 2017 182. The purpose of the instrument is to introduce a maximum and income threshold for entitlement to free school lunches and free early learning for childcare for two-year-old children who a child or child's parents as a receipt of universal credit. Illegal advisors have identified the regulations helping may have been made by what appears to be an unusual or unexpected use of the powers conferred by the patent statute.

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The regulations are made under powers conferred by sections 1 & 3 of the welfare reform for the provision Scotland night 2012.

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Those furballs enable consequential amendments to subordinate legislation as a result of the introduction of universal credit by part 1 of the Vale theatre for night 2012, however, regulation to immense provisions and education, school lunches, Scotland regulations at 2009, which were made under powers contained in section 53, 3, a and B of Education Scotland act, 1980 regulation, 3, amends provisions and the provision of early learning and childcare specified a children Scotland order, 2014, which were made under powers to make an order contained in section 47 to C or the children and young young people, scoff, indict 2014 it, which have been a usual and expected use of hours.

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For the Scottish government to have selected the powers contained in those 1880 and 2014 acts to make the provisions of this instrument rather than the powers contained in the 2012 act. If the Scottish government had chosen to use the powers in Section 47 to see of the 2014 act, to make the provisions contained in regulation 3, the Parliament, which have been enabled to consider the amends of the provision of early learning and Jogia space specified children Scotland order 2014 with the high of scrutiny level, which the affirmative procedure allows.

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The effect of choosing to user pebbles in the 2012 act is to downgrade the school's new procedure for the consolidation of regulation. Three of the instrument to the negative procedure, the use of the powers and the 2014 act, but also have involve laying a separate order and last as regular as regards of regulation to the use of the powers contained in the 2012 act rather than those a 1980 act appears to have had no definite effect.

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Accordingly, the committee agreed to draw the regulations to the attention of the Parliament on the reporting ground JG and for the reasons I have outlined.

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The next instrument for consideration is the building miscellaneous amendments. Scotland regulations, 2017 SSI, 2017 188, a best instrument amends the building Scotland regulations in 2004, the building procedure of Scotland regulations, 2004 the building fees, score front of regulations, 2004 and the building forums, Scotland regulations, 2005 regulation, 2/3 of the instrument and sales, a new regulation to e and to the building procedure of Scotland regulations 2004, which sets out the Cascadia to be made before the document can be sent by electronic communication.

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One such criterion is that the document must be legible and all material respects that expression is defined. In paragraph 7 of a new regulation, 2 e legal advisers have identified that the word cent has been omitted from definition accordingly, the committee to draw the regulations to the attention of the Parliament on the general reporting ground and respect of this drafting error, and thus the committee also agree to welcome that.

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The Scottish Government has acknowledged a set of, and has indicated, the demanding instrument will be laid during this week to connected no points have been raised by legal advisors and on the marketing of food plant and propagated material Scotland regulations, 2017 SSI 2017 177. As a committee content for first ancient agenda, item number four as instruments not subject to any parliamentary procedure, no points have been raised by illegal advisors or in the community, empowerment, Scotland, Act, 2015 commencement number eight or the 2017 SSI 2017 1 9 2 and the lobbying softened act.

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2016 commenced with number one regulations: 2017 SSI, 2017, 2, 0 1. As a committee concurrent with these actions.

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Thank you agenda. Item number 5 as the ears of the part of tax Scotland, though item 5 is the consideration of the air departure of taxes coffin bill at stage 2. The committee recommended Scottish Government, bring forward amendments as stage two to make detail provision for exemptions from the definition of a chargeable passenger and the chargeable aircraft and its stage 1 report, as this would afford Parliament at the best opportunity for the fakest Kootenay of this significant aspect of the bills policy.

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The Scottish Government brought forward a member to stage two which meet detail: provision for chargeable passengers and exemptions, sections two E and a two E and a charge for aircraft and exam and exemptions at section, 3 and CV. Accordingly, the committee agree to welcome the amendments as stage two which meet at the tails of the committee's recommendations.

A

Okay, James item number: six is a real wave policing Scotland bill item. Six is a consideration of the real way policing of Scotland bill that stage two and it's a stage one report. The committee recommended that the power to new section 85 see one. It should be amended as stage two so that it's subject to the affirmative procedure. The Scottish government accepted the recommendation and has brought forward amendment to stage two to give effect it accordingly.

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Does the committee agree to welcome the amendments at stage two which meet the tails of the committee's recommendations? Okay, thank you and now I went to a tent. Well that ends the public part of this a meeting and they move meeting into climate.