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Chamber and committees

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 5 May 2021
  6. Current session: 12 May 2021 to 8 August 2025
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Displaying 914 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 10 January 2023

Bill Kidd

The instrument lays down the rules of procedure that are to apply in the local taxation chamber, which is a new chamber of the First-tier Tribunal for Scotland. The committee identified various errors with the regulations. First, that the preamble cites an enabling power that is not, in fact, relied on for making the instrument and that, if it had been relied on, would have required the instrument to be laid under a different procedure. The Scottish Government proposes to rectify this error by way of a correction slip.

Secondly, the committee also identified a number of cross-referencing errors in rules 20(4), 26(2)(i) and (j), 26(5), 27(1)(b) and 27(2)(a)(iii); a drafting error in regulation 26(2)(i); that the definition in rule 1 of “respondent” could be clearer as to the types of appeal to which it relates; and that rule 20 could be clearer as regards what expenses the tribunal can award. The Scottish Government has committed to addressing those points in an amending instrument before the regulations come into force.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in that the preamble cites an enabling power that is not, in fact, relied on for making the instrument and that, if it had been relied on, would have required the instrument to be laid under a different procedure?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 10 January 2023

Bill Kidd

Does the committee wish to note that the Scottish Government proposes to rectify the error by correction slip?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 10 January 2023

Bill Kidd

Does the committee also wish to draw the instrument to the attention of the Parliament on reporting ground (h)—“meaning could be clearer”—in that the definition in rule 1 of “respondent” could be clearer as to the types of appeal to which it relates, and that rule 20 could be clearer as regards whether the tribunal may make an order awarding expenses as taxed or whether it can award only a specified sum, and as regards what expenses the award may cover, given the different provision in this regard made in subparagraphs (3) and (5)?

Members indicated agreement.

Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Bill Kidd

The clerks are willing and able to put all this together, so could your officials put together some pointers and send them to us? You mentioned that it is not just this committee but other committees that are also considering such issues. If we could have some direction to satisfy the concerns of the members of this committee, that would be helpful.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 10 January 2023

Bill Kidd

Under agenda item 4, we are considering one instrument, on which an issue has been raised.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 10 January 2023

Bill Kidd

The instrument transfers the functions of the council tax reduction review panel to the First-tier Tribunal and makes consequential amendments. The committee identified an incorrect cross-reference in regulation 94(3) of the Council Tax Reduction (Scotland) Regulations 2021, as substituted by paragraph 2(5) of schedule 2 to the instrument. The Scottish Government confirmed that the cross-reference is an error and proposes to rectify it in the instrument when made, as an error that could be corrected by correction slip. Full details of the error can be found in paper 3 on the committee’s web page.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in respect of a cross-referencing error?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 10 January 2023

Bill Kidd

Does the committee wish to note the reasons for the breach and refer them to the lead committee?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 10 January 2023

Bill Kidd

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 10 January 2023

Bill Kidd

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

Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Bill Kidd

Thank you for those opening remarks. I will kick off the questions before I invite members to come in.

In your response to the committee, minister, you acknowledged that much of the detail of the bill will be set out in secondary legislation. You also said:

“It is important that we obtain Parliamentary agreement to the principle of creating the NCS”.

Why does the Scottish Government consider that it is important to obtain parliamentary agreement at this point? Why is it considered necessary to obtain such endorsement through the passage of a bill?