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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 7 May 2025
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Displaying 2053 contributions

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Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Made Affirmative Procedure

Meeting date: 28 September 2021

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 28 September 2021

Stuart McMillan

The instrument brings into force section 17 of, and schedule 1 to, the Local Electoral Administration and Registration Services (Scotland) Act 2006. It forms part of a package of Scottish statutory instruments relating to elections that were laid before the Parliament earlier this month.

In correspondence, the committee asked the Scottish Government why section 17 and schedule 1 are only now being commenced, 15 years after the 2006 act was passed. The Scottish Government replied to say that there was an apparent omission in section 17 of the 2006 act at the time that it was enacted, in so far as it did not commence the accounting period for election expenses when an individual becomes a candidate.

That is being corrected by article 3(4) of the Scottish Local Government Elections Amendment Order 2021, which the committee considered last week. That in turn enables section 17 of the 2006 act to be brought into force by the current instrument. A copy of the Scottish Government鈥檚 full response can be read in paper 3 for the meeting, which is available on the committee鈥檚 website.

The response also indicates that steps to rectify the omission were not given priority, despite there having been various local government elections since 2006. Given the omission and the delay in resolving it, are members content to report the instrument under reporting ground (g), on the basis that it has been made by what appears to be an unusual or unexpected use of the commencement powers conferred by the parent statute?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 28 September 2021

Stuart McMillan

Also, does the committee wish to highlight to the lead committee the Scottish Government鈥檚 response as to why the delay in rectifying the omission occurred, so that that committee might consider whether the explanation is satisfactory from a policy perspective?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 28 September 2021

Stuart McMillan

No points have been raised on the following instruments.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 28 September 2021

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Affirmative Procedure

Meeting date: 28 September 2021

Stuart McMillan

Under agenda item 4, no points have been raised on the following instrument.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 28 September 2021

Stuart McMillan

Under agenda item 6, an issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 28 September 2021

Stuart McMillan

We now move into private session.

10:44 Meeting continued in private until 11:41.  

Delegated Powers and Law Reform Committee [Draft]

Decision on Taking Business in Private

Meeting date: 28 September 2021

Stuart McMillan

Welcome to the Delegated Powers and Law Reform Committee鈥檚 sixth meeting in session 6. I have received apologies from Paul Sweeney MSP. Before we move to the first item on the agenda, I remind everyone present to switch their mobile phones to silent.

Agenda item 1 is to decide whether to take business in private. Is the committee content to take items 7 to 10 in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Scottish Law Commission

Meeting date: 28 September 2021

Stuart McMillan

Thank you very much. You mentioned quite a lot there, and I am quite sure that, when we have our private session, colleagues will no doubt discuss trust law reform. I suggest that they might have some questions, too.

You touched on the tenement repairs work. Graham Simpson was very much involved with that in the previous parliamentary session, and I was a member of the group that Graham convened. Can you provide a bit of information about where that work is at the moment?