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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 13 February 2026
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Displaying 2482 contributions

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Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 10 February 2026

Stuart McMillan

Is the committee content that no reporting grounds are engaged?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 10 February 2026

Stuart McMillan

In relation to the draft Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026, regulation 8 imposes a statutory requirement on care home service providers to have regard to a code of practice in carrying out the duties imposed by the instrument. Given the importance of allowing time for affected service providers to prepare to comply with this new requirement, does the committee wish to welcome that the Scottish Government intends to publish the code of practice in advance of the requirement coming into force?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 10 February 2026

Stuart McMillan

In relation to the draft Care Leaver Payment (Scotland) Regulations 2026, does the committee wish to welcome that the Scottish Government will address the typographical error in regulation 11(2)—to change “responsible authority” to “relevant authority”—either by correction slip or at the next suitable legislative opportunity?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 10 February 2026

Stuart McMillan

In relation to the draft Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026, does the committee wish to welcome that, through this instrument, the Scottish Government has, at the next suitable legislative opportunity, fulfilled a commitment to the committee in relation to the draft Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026, to correct the erroneous references in the Civil Legal Aid (Scotland) Regulations 2002, and the minor drafting point that the instrument introduced in the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 10 February 2026

Stuart McMillan

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

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 10 February 2026

Stuart McMillan

Is the committee content that no reporting grounds are engaged?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Proposed Draft Instrument subject to Consultation

Meeting date: 10 February 2026

Stuart McMillan

Under agenda item 4, we are considering one instrument.

Delegated Powers and Law Reform Committee [Draft]

Proposed Draft Instrument subject to Consultation

Meeting date: 10 February 2026

Stuart McMillan

That concludes the public part of the meeting.

10:10

Meeting continued in private until 10:20.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 10 February 2026

Stuart McMillan

In correspondence with the Scottish Government, published alongside the papers for this meeting, the committee asked why the amending provisions are not in the usual order, as the instrument inserts a new provision after rule 100, and then inserts a new provision after rule 93. The Scottish Government advised that this was due to a late drafting change.

Does the committee wish to draw this instrument to the attention of the Parliament under the general reporting ground, because the order in which the amending provisions appear in the instrument is not in line with standard drafting practice?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Decision on Taking Business in Private

Meeting date: 10 February 2026

Stuart McMillan

Welcome to the sixth meeting in 2026 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. We have received apologies from Roz McCall MSP, and Oliver Mundell MSP is here as her substitute.

Agenda item 1 is a decision on taking business in private. Does the committee agree to take item 5 in private?

Members indicated agreement.