►
Description
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 item 8 in private.
2. Instruments subject to affirmative procedure: The Committee will consider the following—
Schools (Consultation) (Scotland) Act 2010 (Modification) Regulations 2017 [draft]; Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Amendment Regulations 2017 [draft]; National Bus Travel Concession Scheme for Older and Disabled Persons (Scotland) Amendment Order 2017 [draft].
3. Instruments subject to negative procedure: The Committee will consider the following—
Sale of Nicotine Vapour Products (Prescribed Documents) (Scotland) Regulations 2017 (SSI 2017/13).
4. Instruments not subject to any parliamentary procedure: The Committee will consider the following—
Land Reform (Scotland) Act 2016 (Commencement No. 5 and Transitory Provisions) Regulations 2017 (SSI 2017/20 (C.3)).
5. Budget (Scotland) Bill: The Committee will consider its approach to the delegated powers provisions in this Bill at Stage 1.
6. Air Departure Tax (Scotland) Bill: The Committee will consider its approach to the delegated powers provisions in this Bill at Stage 1.
7. Digital Economy Bill (UK Parliament legislation): The Committee will consider the powers to make subordinate legislation conferred on Scottish Ministers in the Digital Economy Bill (UK Parliament legislation).
8. Commission on Parliamentary Reform: The Committee will consider correspondence to the Commission.
Published by the Scottish Parliament Corporate Body.
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A
Morning,
everyone
and
and
Candice
invite
you
all
to
turn
off
your
mobile
phones.
If
you
haven't
already
done
so,
can
I
welcome
you
to
this.
The
fourth
meeting
in
2017
of
the
delegates,
power
and
Law
Reform
Committee,
can
also
note
absence
of
monarchy
Lennon,
her
sense
of
apologies
for
not
being
able
to
be
with
us
this
morning,
moving
now
to
agenda
item
1,
which
is
a
decision
on
taking
business
and
private
and
its
proposed
that
the
committee
take
item
eat
in
private
item.
A
8
is
the
consideration
of
correspondence
by
this
committee
to
the
Commission
on
parliamentary
reform.
So
is
the
committee
content
to
consider
item
8
and
private?
Please
agenda
item
2
is
instrument
subject
to
affirmative
procedure
and
the
first
one
is
the
draft
schools,
consultation,
Scotland,
I,
2010
modification
regulations.
2017.
A
A
If
we
want
to
establish
new
nursery
schools
on
unitary
classes
in
schools,
or
to
relocate
existing
nursery
schools
or
nursery
classes,
and
the
point
of
laying
with
draft
instrument
for
consideration
by
the
Parliament
and
its
publication
by
the
National
Archives,
neither
the
instrument
nor
the
2010
act,
by
virtue
of
which
it
is
made
include
the
definition
of
nursery
school,
which
is
contained
in
section
135.
One
of
the
education
Scotland
Ike
1980.
A
In
these
circumstances,
where
an
instrument
is
laid
which
inserts
a
new
term
or
expression
tonight
and
the
term
on
expression,
is
considered
to
properly
obtain
its
definition
as
a
consequence
of
provisions
which
are
not
explained
in
the
instrument.
The
committee
would
expect
a
footnote
to
be
added
to
the
instrument
to
explain
how
the
term
or
expression
obtains
its
definition
could
assist
the
parliament
in
the
scrutiny
of
the
instrument
and
readers
on
the
instrument.
Journalists
in
understanding
the
provisions
in
this
short
instrument,
the
definition
of
nursery
school,
is
integral
to
the
provisions
accordingly.
A
A
No
points
have
been
raised
by
our
legal
advisers
on
a
draft
sphere
of
tobacco,
registration
of
movable
structures
or
a
movable
structures
and
fixed
penalty
notices,
scotland,
amendment
regulators,
2017
or
the
draft
national
bus
travel
concession
scheme
for
older
and
disabled
person.
Scotland
amendment
order
2017.
So
as
a
committee
contained
with
these
instruments.
Thank
you
agenda
item.
3
is
subject
to
negative
procedures
and
no
points
have
been
raised
by
our
legal
advisers
on
the
seal.
Nicotine
vapor
products
prescribed
document
scotland
regulations,
2017
si
Alli
2017
13,
so
it's
a
committee
content
with
this
instrument.
A
Thank
you.
It
takes
us
now
to
agenda
item
for
which
our
instruments
not
subject
to
any
parliamentary
procedure
and
no
points
have
been
raised
by
a
legal
advisor
on
land
reform.
Scotland
act
2016
commenced
at
number
five
and
transistor
provisions,
regulations,
2017,
SSI,
2017
number
20.
So
it's
a
committee
content
with
this
instrument.
A
Thank
you
moving
swiftly
on
to
agenda
item
5,
which
is
a
budget
Scotland
bill,
and
the
purpose
of
this
item
is
for
the
committee
to
consider
the
delegated
powers
in
the
budget
Scotland
bill
at
stage
one.
The
Vulcan
fares
only
one
her
to
make
subordinate
legislation
upon
the
Scottish
Ministers.
More
specifically,
section
7
of
the
bill
provides
that
the
Scottish
Ministers
mean
by
regulations
amend
the
amounts
specified
in
section
42
and
43
and
schedules
123
as
a
delegated
powers.
A
Memorandum
explains
that
power
in
section
7
of
the
bill
is
necessary
in
order
to
permit
the
Scottish
Ministers
to
amend
the
bill.
Take
care
of
inevitable
changes
to
this.
Go
to
the
government
spending
plans
during
the
financial
year
such
power
a
standard
part
of
the
budget
process
and
are
periodically
exercised
by
the
government
in
the
spring
summer
and
autumn.
So
does
the
committee
agree
that
it
is
content
with
the
delegated
powers
conferred
on
the
Scottish
Ministers
in
the
bill
and
the
procedure
to
which
that
power
is
subject?
A
Which,
because
the
next
item
is
consideration
within
the
earth-
sorry
I'm
just
another.
This
bill
makes
provision
for
an
ear
departure
tax,
which
is
attacked
to
be
charged
on
the
courage
of
chargeable
persons
on
chargeable
aircraft
by
ear
from
airport
was
in
Scotland,
eight
sections
of
the
build
concerned,
delegated
powers,
two
of
which
are
standard,
axillary
and
commencement
powers.
However,
we
may
wish
to
ask
questions
on
four
of
the
powers,
as
provided
for
in
section
7,
18
and
34
of
the
bill.
A
Firstly,
in
section
7,
there
is
a
definition
of
standard
class
travel
for
the
purposes
of
the
bill,
including
consideration
on
the
size
of
the
seat
pitch
for
a
passenger
seat.
Subsection
2
defines
seat
pitch
with
reference
to
the
difference
between
the
passengers,
seat
and
the
seat
immediately
in
front
of
or
behind
it.
A
If
there
is
no
seat
immediately
in
front
hall
or
behind
a
relevant
seat.
The
seat
pitch
is
to
be
determined
with
regard
to
any
guidance
issued
by
revenue
Scotland,
which
raises
a
question.
So
does
the
committee
agree
to
ask
the
Scottish
Government
why
it
considers
it
appropriate
for
provision
regarding
a
definition
of
seat
pitch
to
be
made
in
guidance
issued
by
revenue
Scotland
as
opposed
to
being
contained
and
subordinate
legislation?
A
Section
81
confers
power
on
the
Scottish
Ministers
to
make
provision
of
confirming
who
is
a
chargeable
passenger
and
who
is
a
non
chargeable
passenger
which
aircraft
are
chargeable
aircraft
and
which
aircraft
are
non-chargeable
aircraft.
The
Terran
was
chargeable
passenger
and
chargeable
aircraft,
undefined
in
sections,
2
and
3
of
the
bill.
The
power
accordingly
enables
ministers
to
amend
the
definitions
contained
in
the
act
by
regulations
and
also
to
create
definitions
of
non-chargeable
passenger
unknown
chargeable
aircraft.
A
A
So
the
next
question
is:
is,
as
the
government
acknowledges
in
its
delegated
powers,
memorandum,
the
concept
of
chargeable
passenger
and
chargeable
aircraft
are
key
to
determining
the
basis
in
which
liability
for
EDT
will
arise.
Does
the
committee
therefore
agree
to
ask
the
government
white
is
considered
appropriate
in
Section
812,
take
a
power
to
make
provision
concerning
who
is
a
known
chargeable
passenger
and
which
aircraft
unknown
chargeable
aircraft
and
to
create
exemptions
from
being
a
chargeable,
passenger
or
chargeable
aircraft,
rather
than
making
provision
for
such
matters
on
the
face
of
the
bill?
A
Thank
you.
Section.
10
2
enables
Scottish
Ministers
by
regulation
to
make
other
provision
concerning
the
structure
of
the
tax
ie
provision
other
than
defining
tax
bands
and
setting
the
amount
of
tax
for
each
tax
rate,
as
required
by
section
10-1,
which
raises
a
question.
Does
the
committee
agree
to
ask
the
Scottish
Government
to
explain
how
the
power
in
Section
10
2
is
intended
to
be
used
and
why
it
is
considered
to
be
an
appropriate
delegation
of
power?
Are
we
good?
Thank
you.
A
A
It
may
be
necessary
to
make
changes
as
to
how
the
tax
is
administered,
for
example,
in
light
of
revenue,
Scotland's
operational
experience
of
collecting
and
managing
the
tax,
so
that
the
committee
agreed
to
ask
the
Scottish
government
to
provide
further
justification
for
a
taking
of
such
a
white
power
to
alter
a
detailed
machinery
which
has
been
set
out
on
the
face
of
the
bill.
There's
the
community
also
agree
to
ask
for
examples
of
the
sorts
of
changes
which
might
be
made
in
exercise
of
the
power.
A
A
A
The
bill
contains
a
wide
range
of
measures,
including
providing
a
broadband
universal
service
for
the
UK,
granting
additional
powers
to
Ofcom
in
risk
act
of
information
provision
and
powers
to
share
data
between
public
authorities.
Amongst
other
things,
a
few
powers
are
conferred
on
the
Scottish
Ministers
in
the
bill.
The
committee
has
been
afforded
very
little
time.
One
meeting
this
meeting
for
the
scrutiny
of
the
powers
in
this
bill,
particularly
for
scrutiny
of
the
broad
and
complex
powers
proposed
to
be
conferred
on
the
Scottish
Ministers
in
part
five.
A
In
order
to
meet
and
retain
skills.
The
committee
is
asked
to
agree
its
conclusions
on
the
LCM
today.
It's
also
worth
noting
that
her
Lords
delegated
powers
and
Reagan's
Reform
Committee
published
in
its
13th
support
of
session
2016
17
on
the
powers
contained
in
parts
527
of
the
bill
which
we
may
wish
to
bring
to
the
attention
of
the
rural
economy
and
connectivity
committee.
There
was
a
lead
committee
for
this
lcn
these
regulations.
A
These
recommendations
relate
to
powers
conferred
on
Scottish
Ministers,
so
the
question
is
part:
5,
Clause,
thirty-two
and
six
closed
38,
2
e
and
c
and
close
38.
Three
of
the
bill
includes
powers
confirmed
on
Scottish
Ministers
to
make
regulations
to
specify
persons.
We
may
disclose
information
in
relation
to
public
service
delivery
and
objectives
for
which
information
be
Nene
disclosed.
So
does
the
committee
agreed
to
draw
to
the
attention
of
the
rural
economy
and
connectivity
committee?
The
conclusions
made
in
the
House
of
Lords
report,
which
were
as
follows?
A
Also
only
in
these
circumstances
would
we
regard
as
appropriate
a
Henry,
the
eighth
power
allowing
ministers
to
amend
the
list
in
the
bill
recommended
above
by
affirmative
procedure,
regulations.
It
also
follows
that
ministers
should
not
have
power
to
specify
very
generalized
objectives
under
Clause
36.
A
A
We
recommend
that
Clause
33b
should
be
removed
from
the
bill
unless
the
government
can
explain
to
the
satisfaction
of
the
house.
White
is
needed
and
what
paragraphs
are
in
place
to
prevent
its
misuse.
That's
paragraphs
24
to
27
of
the
report.
So
on
these
three
points,
are
the
committee
agreed
thank
you
part
5
closed
31,
438
to
B
and
C
and
save
to
eat.
A
Three
of
the
bill
includes
powers
conferred
on
Scottish
Ministers
to
make
regulations
to
amend
the
list
of
permitted
recipients
of
information
from
specified
personals
for
use
in
connection
with
fuel
poverty
support
schemes.
Those
clauses
also
remained
the
second
condition
that
must
be
made
for
the
disclosure
of
information
to
gas
and
electricity
suppliers
for
fuel
poverty
purposes.
Does
the
community
agreed
to
draw
to
the
attention
of
the
rural
economy
and
connectivity
committee?
The
conclusions
need
in
the
House
of
Lords
report,
which
are
as
follows.
A
A
A
We
consider
that
this
power
to
should
be
amended
in
order
to
reflect
that
narrow
policy
intention,
paragraphs,
32
and
33
of
the
report.
So
does
the
committee
agree
on
those
two
points
as
well?
Please,
thank
you
part
5
clauses,
41
4
and
4
28
2
includes
a
power
conferred
on
Scottish
Ministers
to
make
regulations
specifying
persons
who
may
disclose
information
in
relation
to
debt
owed
to
the
public
sector.
A
Only
in
these
circumstances
would
we
regard
as
appropriate
Henry
the
eighth
power
allowing
when
the
system
Andalus
in
the
bill
recommended
above
by
affirmative
procedure,
regulations
and
thirdly,
the
power
to
prescribe
a
person
who
provide
services
to
a
public
authority
as
a
specified
person
should
be
removed
from
the
bill
unless
the
government
can
provide
a
convincing
explanation
for
its
inclusion,
which
we
note
is
entirely
absent
from
the
memorandum
paragraph
59
of
the
report.
There's
a
committee
agree
to
those
three
points.
A
Thank
you
part
5
clauses,
49
5
and
56
2
includes
a
power
conferred
on
Scottish
Ministers
to
make
regulations
specify
in
persons
who
may
disclose
information
in
relation
to
tackling
fraud
against
the
public
sector.
Does
the
committee
agree
to
go
to
the
attention
of
the
rural
economy
and
connectivity
committee?
The
conclusions
need
in
the
House
of
Lords
report,
which
are
as
false
public.
Firstly,
the
public
authorities
entitled
to
disclose
on
receive
information
under
clause
49
should
be
listed
on
the
face
of
the
bill.
A
Only
in
these
circumstances,
we
regard
as
appropriate
a
Henry
the
eighth
power
allowing
ministers
to
amend
the
list
in
the
bill
recommended
above
by
affirmative
procedure,
regulations
and
certainly
the
power
to
prescribe
a
person
who
provide
services
to
a
public
authority
as
a
specified
person
should
be
removed
from
the
bill
unless
the
government
can
provide
a
convincing
explanation
for
its
inclusion,
part
77
of
the
report.
So
there's
the
committee
agreed
to
these
points
as
well.
A
Thank
you,
and
so
with
regard
to
three
further
delegated
powers,
provisions
which
are
not
pose
to
make
subordinate
legislation
confirmed
on
the
Scottish
Ministers
contained
in
annex
b
of
the
LCM.
Does
the
community
agree
to
draw
these
to
the
attention
of
the
rural
economy
and
connectivity
committee
as
other
delegated
powers
in
the
bill
which
affect
Scotland?
A
Thank
you.
In
addition,
with
regard
to
the
very
limited
time
the
committee
has
had
to
consider
this
lcn
does
the
committee
agree
to
highlight
in
our
report
our
concerns
on
this
matter.
Thank
you
and
that
concludes
the
public.
Part
of
this
meeting
and
I
know
move
the
meeting
inter
private.
Thank
you.