The Scottish Parliament Delegated Powers and Law Reform Committee, 7 Feb 2017

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From YouTube: Delegated Powers and Law Reform Committee - Scottish Parliament: 7th February 2017

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www.parliament.scot - The Scottish Parliament - Delegated Powers and Law Reform Committee

Agenda:
1. Decision on taking business in private: The Committee will decide whether to take items 7 and 8 in private.
2. Instrument subject to approval: The Committee will consider the following—
Scottish Landfill Tax (Standard Rate and Lower Rate) Order 2017 (SSI 2017/23).
3. Instruments subject to affirmative procedure: The Committee will consider the following—
Judiciary and Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017 [draft]; Continuing Care (Scotland) Amendment Order 2017 [draft]; National Health Service (Scotland) Act 1978 (Independent Clinic) Amendment Order 2017 [draft]; Scottish Fiscal Commission (Modification of Functions) Regulations 2017 [draft].
4. Instruments subject to negative procedure: The Committee will consider the following—
Non-Domestic Rates (Rural Areas) (Scotland) Regulations 2017 (SSI 2017/22).
5. Instruments not subject to any parliamentary procedure: The Committee will consider the following—
Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 1) Regulations 2017 (SSI 2017/12 (C.2)); Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Temporary Exclusion Orders) 2017 (SSI 2017/26).
6. Draft instruments/documents subject to approval: The Committee will consider the following—
Public Services Reform (Corporate Insolvency and Bankruptcy) (Scotland) Order 2017 - proposed draft Order and proposed Explanatory Document (SG/2017/8 and SG/2017/9).
7. Railway Policing (Scotland) Bill: The Committee will consider further the delegated powers provisions in this Bill at Stage 1.
8. Commission on Parliamentary Reform: The Committee will further consider correspondence to the Commission.

Published by the Scottish Parliament Corporate Body.

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To the first meeting in 2017 of the delegated powers and Law Reform Committee agenda item, one is decision on taking businesses and private and its report of the committee take items. Seven and eight and private consideration of item seven provides the opportunity discretion nicer, delegated powers provision in the railway policing, Scotland bill I can eat as a consideration of the committee's correspondence for the Commission font parliamentary reform. So does the committee agreed to consider items seven and eight in private?

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Thank you agenda item two is instrument subject to approval and the Scottish landfill tax standard rate and lower rate order. 2017 SSI 2017 number 23. This order is subject to the provisional affirmative procedure. Provisional affirmative procedure is common in UK tax legislation, but relatively uncommon in legislation enacted by the Scottish Parliament. The form of provisional affirmative procedure for the purposes of the bill is set out in section 41 three of the peering statute. The land fill tags, scotland act 2014 under this procedure.

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The order must be laid before the Scottish Parliament and will cease to have effect unless affirmed by resolution of the Parliament within 20 day 28 days or being made. This 28-day period does not take account of periods of dissolution or recess for more than four days. It was observing that the order was made on the 26 of January and that the Parliament will be in recess, beginning from their levels of fabric up to and including the 19th of family. There are no points have been raised by our legal advisers on this instrument.

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So is the committee content with this instrument?

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Thank you agenda item 3, which is instrument subject to affirmative procedure and again no points have been raised by our legal advisor on the draft judiciary and court. Scotland act 2000, any Scottish land court order, 2017 or the draft continuing care, Scotland amendment order, 2017 or the draft national health service. Scotland act, 1978, independent clinic a man with order to thousands of 17 or the draft scottish fiscal commission modification of functions, regulations 2017. So if the kemetic content with these instruments.

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Excuse me agenda item for his instrument, subject to negative procedure and again no points have been raised by our legal advisers on non-domestic rates: route: Olivia's, Scotland regulations, 2017 SSI, 2017 number 22. So if the committee content was this instrument, thank you agenda item 5 is Esther was not subject to any parliamentary procedures and again no points been raised by our legal advisers on health tomorrow, next in etc, and kia.

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Scotland act 2016 to mention number one order: regulations, 2017, SSI, 2017 12, or the act of severe rules of the Court of Session 1994 amendment temporary exclusion, orders 2017 SSI, 2017 number 26. So it's a committee content was these instruments?

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Okay, thank you and maybe 9-10 agenda item 6, which is draft instruments document subject to approval item under with crush consider the public services reformed corporate insolvency and bankruptcy, Scotland order, 2017 proposed draft order and proposed explanatory document, HD 2017, 8 and SG 2017 and 9. This draft order has been initially lead under a super affirmative procedure. This means that the draft order is required to go through a pre-registered of scrutiny period, which involves a formal consultation period of 60 days before the Parliament is asked to agree.

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The legislation draft order, a mainly insolvency 1986, the bankruptcy Scotland back 2016 and the public services reform insolvent is called and order. 2016.

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The purposes of the draft order are to modernize certain aspects of Scottish corporate insolvency law, to bring them into line with a position in England Wales, and also to promote the ongoing operation and rescue a viable businesses that are subject to personal insolvency proceedings and also apply certain aspects of the 2016 order to a winding up of a company that is underway at the time that order comes into force as opposed to those aspects applying only to a new winding up.

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The explanatory document that was laid was the draft order sets out of the background to the draft order. The policy objectives and the effect of the various provisions for points were raised with the Scottish Government arising from the draft order, and resulting from this. The Scottish Government have undertaken to update some aspects of the explanatory document, so the question is: does the committee they have to agree not to draw the instrument to the attention of the Parliament but to welcome the Scottish Government's agreement to update the proposed experiments?

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Your document in the following respects, firstly, to explain in further detail why the Scottish Ministers consider the article 6 of the draft order does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise accordance with sections 18 2 e and 27 d, one of the public services reform, Scotland back 2010, and also to explain why article six, seven and eight on the draft order reduced abundant within the meaning of section 17 to see of the 2010 night.

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That is an obstacle to best regulatory practice in accordance with section 27 1 D 2 of the 2010 act. So does the committee agree? Thank you. Thank you. Does the committee also agreed to encourage the Scottish Government to update the explanation provided in relation to Articles, 3 and 4 of the draft order, an explanatory document to refer specifically to paragraph 10 of schedule, eight of the insolence 1986?

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This would assist the readers of the explanatory document to understand more fully the basis on which the powers and duties of liquidation committees are defined and rules made under section. 411 of that, so are we agreed again Margaret. Thank you and we now move this meeting into private.