The Scottish Parliament Delegated Powers and Law Reform Committee, 13 Jun 2017

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From YouTube: Delegated Powers and Law Reform Committee - Scottish Parliament: 13 June 2017

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1. Instruments subject to affirmative procedure: The Committee will consider the following—
Carers (Scotland) Act 2016 (Agreements of a Specified Kind) Regulations 2017 [draft].

2. Instruments subject to negative procedure: The Committee will consider the following—
Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (SSI 2017/168); Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2017 (SSI 2017/171); Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017 (SSI 2017/172); Mental Health (Conflict of Interest) (Scotland) Regulations 2017 (SSI 2017/174); Mental Health (Patient Representation) (Prescribed Persons) (Scotland) Regulations 2017 (SSI 2017/175); Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2017 (SSI 2017/176); Milk and Other Products (Pupils in Educational Establishments) (Scotland) Regulations 2017 (SSI 2017/178); Seed (Fees etc.) (Scotland) Regulations 2017 (SSI 2017/179); Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment (No. 3) Regulations 2017 (SSI 2017/187); Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2017 (SSI 2017/189).

3. Instruments not subject to any parliamentary procedure: The Committee will consider the following—
Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (Commencement No. 2) Regulations 2017 (SSI 2017/183 (C.15)); Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017 (SSI 2017/186).

4. Child Poverty (Scotland) Bill: The Committee will consider the Scottish Government's response to its Stage 1 report.

Published by the Scottish Parliament Corporate Body.

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A

Well good morning, everyone and can I welcome members to the 20th meeting in 2017 as a delegated power and law reform committee. We have received apologies from David Torrence this morning and regret that he will be unable to join us this morning. Moving now to agenda item 1, which is instruments subject to affirmative preferred procedure, and no points have been raised by our legal advisors on the draft. Kiera's Scotland act 2016 a grievance of a specified kind regulations, 2017 the committee content with this instrument. Okay, thank you agenda item.

A

2 is instruments subject to negative procedure, and the next instrument for consideration is an environmental impact assessment. Miscellaneous amendments, Scotland regulations, 2017 si si 2017 number 168, and the purpose of this instrument is to amend five instruments which the committee drew to the attention of Parliament in report dated 26 April and 3rd May 2017.

A

Our legal advisors have identified an issue in relation to an amendment in made to agriculture, land drainage and allegation projects, environmental impact assessment, Scotland regulations, 2017. The definition of project in relation in regulation to one of these regulations could still be clearer. Despite the minor amendments made by regulation, five, two of the instrument in particular, it could still be clearer that subparagraphs one to five apply to paragraph E in addition to paragraph B.

A

In that definition accordingly, does the committee agree to draw the instrument attention of the Parliament under reporting rounds 8 on the reasons I've just outlined agreed? Thank you. The Scottish government did not take the opportunity afforded by the amending instrument to amend schedule. Six of the Terran country planning environmental impact assessment, Scotland regulations 2017 despite the committee calling on it to do so. The reference in that schedule to the waist meaning of hazardous waste and European waste catalog miscellaneous amendments, Scotland regulations 2016, remains incorrect because those regulations of 2015 regulations.

A

So does the committee therefore agreed to express its disappointment that the Scottish government did not take the opportunity to amend shoujo six of the Town and Country Planning environmental impact assessment? Scotland regulations, 2017? Okay, thank you nonetheless. Does the committee agree to welcome that? The Scottish Government has laid an amending instrument seeking to rectify the error relating to these instruments identified by the committee at its meeting of 2050 April and second May 2017 agreed. Thank you.

A

No points have been raised by our legal advisors on the Police, Act 1997 criminal records, Scotland amendment regulations, 2017 SSI, 2017 number 171, or the Mental Health Tribunal for Scotland practice and procedure; number 2, amendment rules, 2017 SSRI, 2017, number 172, or the mental health conflict of interest, Scotland regulations, 2017, SSRI, 2017, number, 174, other mental health, patient representation, prescribed persons, Scotland regulations, 2017, SSI, 2017, number, 175, other mental health certificates for medical treatment, Scotland regulations, 2017 asi, 2017 number 176, or the milk and other products; pupils and educational establishments, scotland regulations, 2017, ssi, 2017, number 178 or the seed fees, etc.

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Scotland, regulations 2017, ssi, 2017 number 179.

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Number three regulations: 2017 SSI 2017 number 187 or the Town and Country Planning general permitted development Scotland a men in order; 2017 SSI 2017 number 189.

A

So is the committee content with these instruments contained many thanks agenda item fees, instruments not subject to any parliamentary procedure and no points have been raised by legal advisors on the abusive behavior and sexual harm, Scotland Act, 2016, commencement number, two regulations, 2017 SSRI, 2017 number 183, or the act of sedara rules of the Court of Session share of Appeal Court rules and Sheriff Court rules. Amendment lay representation, 2017 SSI, 2017 number 186. So is a committee content with these estimates content?

A

A

Now move to an agenda item for an agenda item. 4 is a consideration of a scottish government's response to the committee's recommendation at stage 1 of the child poverty Scotland bill. The committee made one recommendation in relation to the bill section: 3 2 provides the Scottish Ministers may by regulations. Changed basically mentioned for the time being in subsection 1 for measuring the absolute poverty target. Currently the base date is set as the financial year beginning 1st of April 2010 section 3 3 provides that this pilot is subject to the negative procedure.

A

The committee recommended that section 3 3, should be amended, so the power is subject to the affirmative procedure. The Scottish Government has responded to the stage 1 report on the Social Security Committee, as the lead Committee on the bill. In doing so, it is agreed to this committee's recommendations.

A

Accordingly, the committee agreed to welcome Scottish Government's intention to bring forward the amendment at stage two that I've just outlined again. Thank you and I know it's closed. The meeting.