The Scottish Parliament Delegated Powers and Law Reform Committee, 6 Feb 2018

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From YouTube: Delegated Powers and Law Reform Committee - 6 February 2018

Description

1. Decision on taking business in private: The Committee will decide whether to take items 6 and 7 in private.

2. Instruments subject to affirmative procedure: The Committee will consider the following—
Proceeds of Crime Act 2002 (Searches under Part 5: Constables in Scotland: Code of Practice) Order 2018 [draft]; Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2018 [draft]; National Bus Travel Concession Scheme for Older and Disabled Persons (Scotland) Amendment Order 2018 [draft]; Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2018 [draft].

3. Instruments subject to negative procedure: The Committee will consider the following—
Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Amendment Regulations 2018 (SSI 2018/16); Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018 (SSI 2018/22); Functions of Health Boards and Special Health Boards (Scotland) (Miscellaneous Amendments) Order 2018 (SSI 2018/27).

4. Instruments not subject to any parliamentary procedure: The Committee will consider the following—
Carers (Scotland) Act 2016 (Commencement No. 3) Regulations 2018 (SSI 2018/25 (C.3)); Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 3) Regulations 2018 (SSI 2018/26 (C.4)).

5. Budget (Scotland) (No.2) Bill: The Committee will consider the delegated powers provisions in this Bill at Stage 1.

6. Social Security (Scotland) Bill: The Committee will consider correspondence from the Social Security Committee.

7. European Union (Withdrawal) Bill: The Committee will consider a paper from the Clerk outlining recent developments of relevance to its ongoing consideration of the European Union (Withdrawal) Bill.

Published by the Scottish Parliament Corporate Body.

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Welcome members to the fourth meeting in 2018 of the delegated powers on Law Reform Committee gender item 1 is decision on taking business in private and that's proposed. We take item 6, & 7 in private. These are correspondents from the Social Security Committee on amendments to the Social Security bill and a paper from the Clark sesang out setting out a suggested response to the House of Commons procedure committee inquiry on the EU withdrawal bill. Does the committee agree to take these items in private okay agenda item? 2?

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Is consideration of instruments subject to the affirmative procedure and no points have been raised by our legal advisors on the draft proceeds of Crime Act, 2002 searches under part, 5 constables in Scotland code of practice order in 2018 the draft courts reform Scotland act, 2014 consequential and supplemental provisions order, 2018 the draft national bust Travel Concession scheme for older and disabled persons, Scotland amendment order 2018 and the draft community care personal care and nursing care Scotland amendment regulations: 2018? Is the committee content with these instruments? Okay, agenda item 3?

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Is consideration of instruments subject to the negative procedure, so we've got community care provision of residential accommodation out with Scotland Scotland amendment regulations, 2018 SSI, 2018 60. These regulations amend the community care provision of residential accommodation out with Scotland regulations.

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2015 to reflect that has respects wales and quotes appropriate establishment for the provision of residential accommodation out with Scotland is a place at which a care home service within the meaning of part 1 of the regulation, an inspection of social care, Wales act, 2016 is provided wholly or mainly to persons aged 18 or over regulation. One provides that the regulations will come into force on the 3rd of April. It's attended that the commencement date should be the 2nd of April being the commencement date of the relevant provisions of the 2016 act referred to within regulation.

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2 to the Scottish Government has undertaken to lay a further instrument which will revoke the regulations and substitute equivalent regulations which would come into force timelessly. Does the committee agree to draw the regulations to the attention of the Parliament on the general reporting ground as they contain an error in the date when they will come into force?

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Okay, and does the committee agree to note the Scottish Government's intention to lay a further instrument to correct the error.

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No points have been raised by our legal advisors on SSI, 2018, 22 and 27. So is the committee content with these instruments? Okay, agenda item 4? Is consideration of instruments not subject to any farm entry procedure and no points have been raised by our advisors on SSI, 2018, 25 and 26? Is the committee content with these instruments? Okay, so agenda item 5 its consideration of the delegated powers provisions in the budget Scotland number 2 bill. The bill confers one power to mates.

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Make subordinate legislation upon the Scottish Ministers section 7 provides that the Scottish Ministers may by regulation amend the amounts specified in Section, 4, 2 and 4 3 and schedules one two: three: as the delegated powers memorandum explains, the power in section 7 is necessary to permit the Scottish Ministers to amend the bill as enacted to take account of inevitable changes to the govern spending plans during the financial year. Such powers are a standard part of the budget process and are periodically exercised by the government in the spring summer and autumn.

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Does the committee agree to report to the Parliament that its content with the delegated power conferred on the Scottish Ministers in the bill and the procedure to which that power is subject?

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Okay, I now move the meeting into private session.