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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 5 November 2025
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Displaying 2323 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 May 2024

Stuart McMillan

The order removes a sheriff who was found to be unfit for office from the office of sheriff. 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 counting days before they come into force. The instrument breaches that requirement, as it was laid on 21 May 2024 and comes into force on 7 June.

In correspondence with the Presiding Officer, which will be published in full in the committee’s report on the Scottish statutory instruments that are considered at this meeting, the Scottish Government explained why it is breaching the laying requirements.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with the laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 May 2024

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Document subject to Parliamentary Control

Meeting date: 28 May 2024

Stuart McMillan

Under agenda item 4, we are considering a document subject to parliamentary control, on which no points have been raised.

Delegated Powers and Law Reform Committee

Document subject to Parliamentary Control

Meeting date: 28 May 2024

Stuart McMillan

Is the committee content with the document?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Document subject to Parliamentary Control

Meeting date: 28 May 2024

Stuart McMillan

That concludes the public part of the meeting, and I will move the committee into private.

10:05 Meeting continued in private until 10:39.  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 May 2024

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 28 May 2024

Stuart McMillan

Under agenda item 3, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 14 May 2024

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 14 May 2024

Stuart McMillan

Welcome to the 16th meeting in 2024 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off, or put to silent, their mobile phones and other electronic devices.

The first item of business is to decide whether to take items 4 to 8 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 14 May 2024

Stuart McMillan

The instrument amends the eligibility criteria for carer support payment, which is a form of assistance for people who provide regular and substantial care to someone who is in receipt of a qualifying disability benefit.

In correspondence with the Scottish Government, which is published alongside the papers for this meeting, the committee queried whether the instrument delivers the policy intention in relation to when a carer is in legal detention for a period, which is that that can still qualify as a “temporary break in care”. The Scottish Government responded that it considers that the regulations are in line with the intended policy and as such, does not plan any corrective action.

The committee considers that the drafting could have the result that, where a carer is in legal detention for a period, that period qualifies as a temporary break in care only if all of the circumstances that are set out in regulation 40(1)(b) of the principal regulations—SSI 2023/302—also apply; that is, that the carer or the cared-for person was an in-patient.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), that the meaning could be clearer, in that the instrument could be clearer in that regard?

Members indicated agreement.