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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 31 October 2025
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Displaying 2313 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 20 September 2022

Stuart McMillan

Under item 2, we are considering two instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 20 September 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

14:50 Meeting continued in private until 15:18.  

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 20 September 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 September 2022

Stuart McMillan

Under item 3, we are considering seven instruments. Issues have been raised on two of the instruments for breach of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which requires that instruments subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days.

Delegated Powers and Law Reform Committee

Instrument subject to Approval

Meeting date: 6 September 2022

Stuart McMillan

Under agenda item 6, we are considering one instrument subject to approval, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 September 2022

Stuart McMillan

Under agenda item 4, we are considering three instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments not subject to any Parliamentary Procedure

Meeting date: 6 September 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 September 2022

Stuart McMillan

The instrument makes saving provisions in consequence of the expiry of part 1 of the Coronavirus (Scotland) Act 2020 and part 1 of the Coronavirus (Scotland) (No 2) Act 2020.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days.?The instrument breaches that requirement, as it was laid on 30 August 2022 and will come into force on 1 October 2022.

In correspondence with the Presiding Officer, the Scottish Government explained that it was unable to lay the instrument in late June to allow the full 28 days before coming into force. That was due to the fact that the final stages of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 were also taking place at that time and may have necessitated further provision in the instrument.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements? At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 September 2022

Stuart McMillan

Also under this agenda item, no points have been raised on the following instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 September 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.