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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 12 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 November 2021

Stuart McMillan

Does the committee also wish to welcome that the Scottish Government will lay an amending instrument in early course to rectify the error?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 November 2021

Stuart McMillan

The instrument amends the Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Regulations 2003 (SSI 2003/135) in light of changes that have been made to the code of conduct for councillors and the model code of conduct for members of devolved public bodies.

Regulation 2(2) substitutes a schedule to the 2003 regulations with a new schedule, in which the registrable interests of councillors and members of devolved public bodies are described by reference to various paragraphs in the councillors code and the members code respectively.

The committee wrote to the Scottish Government to draw its attention to an error in table B of the schedule that is to be inserted by regulation 2(2). In its response, the Scottish Government confirmed that the omission of category nine, concerning close family members, was an error and has undertaken to lay an amending instrument in early course.

Full details of the error in regulation 2(2) can be read in the correspondence between the committee and the Scottish Government, which can be found in the published papers for this meeting on the committee鈥檚 website.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), in that the instrument鈥檚 drafting appears to be defective due to the error in table B of the schedule?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 November 2021

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 23 November 2021

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 November 2021

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 November 2021

Stuart McMillan

Finally, in relation to Scottish statutory instrument 2021/410, does the committee wish to note the effect on the instrument of the United Kingdom Internal Market Act 2020, as highlighted in the policy note, and highlight that to the lead committee, which is the Net Zero, Energy and Transport Committee?

Mr Simpson wants to comment.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 November 2021

Stuart McMillan

Thank you, Mr Simpson. I am absolutely content with your suggestions regarding highlighting the issue to the lead committee. On the point about the negative and affirmative procedure, which is the most important thing for our committee, you are correct that the affirmative procedure is not available in this instance. Writing to the lead committee is the right thing to do. It is also right to ask the lead committee to consider doing some other work on the issue. I am content to do that. Do other members agree to that approach?

Members indicated agreement.

10:14 Meeting continued in private until 10:40.  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 16 November 2021

Stuart McMillan

Under item 3, we are considering three negative instruments. Issues have been raised on two of the instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 16 November 2021

Stuart McMillan

Is the committee content with the explanation that has been provided for the breach of the laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 16 November 2021

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.