Seòmar agus comataidhean

Does the committee wish to welcome that Scottish statutory instrument 2025/259 corrects errors in the National Health Service Pension Schemes (Remediable Service) (Scotland) Regulations 2023, which the committee identified in September 2023?

Members indicated agreement.

Welcome to the 27th meeting in 2025 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices.

The first item of business is a decision on whether to take in private items 5, 6, 7 and 8. Is the committee content to take those items in private?

Members indicated agreement.

Under agenda item 4, we are considering one instrument, on which no points have been raised.

The main purpose of the instrument is to amend the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 to make provision for the introduction of carer support, consisting of the carer support payment, the carer additional person payment and the Scottish carer supplement. The instrument also makes some other changes related to carers.

In correspondence, which has been published alongside the papers for this meeting, the committee asked the Scottish Government three questions about the instrument. First, we asked about an apparently missing year in a date that is given in the instrument. The Scottish Government clarified that the correct year should be 2026 and has committed to amend that by correction slip or amending instrument to ensure that it is sufficiently clear.

Does the committee wish to report the instrument on the general reporting ground, in that there is a missing year in the date that is referenced in regulation 17(1)(b)?

Members indicated agreement.

The committee also asked the Scottish Government about references in regulation 17(3) to paragraph (3). The Scottish Government responded that those are typographical errors and that the references should be to paragraph (2) of regulation 17. Again, the Scottish Government committed to address that, either by correction slip or by an amending instrument, to ensure that the regulation is sufficiently clear.

Does the committee wish to report the instrument on the general reporting ground, in that there are erroneous references in regulation 17(3) to paragraph (3)?

Members indicated agreement.

In relation to all of the reported errors that are noted above, does the committee wish to welcome that the Scottish Government has committed to correcting the errors?

Members indicated agreement.

The committee asked the Scottish Government a number of questions on the instrument, and they are set out in full in the papers for today’s meeting.

The legislation that regulates motor vehicle events makes a distinction between a

“race or trial of speed between motor vehicles”

that can be authorised under the Motor Sport on Public Roads (Scotland) Regulations 2019, which I will refer to as the motor sport regulations, and a

“competition or trial (other than a race or trial of speed) involving the use of motor vehicles”

that can be authorised under the Motor Vehicles (Competitions and Trials) (Scotland) Regulations 1976, which I will refer to as the competitions regulations.

The instrument that is before the committee today makes amendments to the second set of regulations—the competitions regulations—including by designating four named rallies as “specified” events for the purposes of those regulations.

We asked the Scottish Government for an explanation of the background and for confirmation that the four named rallies are of the type that is regulated by the competitions regulations.

The Scottish Government provided further information regarding the two different types of motor events. The Government advised that the four named rallies are trials of speed, which are subject to authorisation under the motor sport regulations rather than the competitions regulations, and that they are not a type of event that is, in fact, capable of being authorised under the competitions regulations.

Designating those rallies in the competitions regulations was described as an “oversight”. Designating them as “specified” events does not mean that they can, in fact, be authorised under the competitions regulations. Authorisation is subject to an application process, and we understand that, if an application was made for authorisation under the competitions regulations for those four rallies in their traditional form—as trials of speed—they would not meet the criteria, and authorisation would not be granted.

The committee considers that inserting reference to those four rallies in the competitions regulations is a very significant drafting error and is capable of causing confusion with regard to the applicable authorisation process. The Scottish Government intends to make amending regulations to correct that error at the earliest possible opportunity.

Does the committee wish to draw the error to the attention of the Parliament under reporting ground (i), in that the drafting appears to be defective?

Members indicated agreement.

Does the committee wish to note that the Scottish Government intends to correct the error at the earliest possible opportunity, and to call on the Scottish Government to do so as a matter of urgency?

Members indicated agreement.

Does the committee wish to note the Scottish Government’s undertaking to reflect on that point?

Members indicated agreement.

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