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Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

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Showing 60 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.
The Convener SNP Committee
17 Mar 2015
Instruments subject to Negative Procedure
A number of points have been raised on the amendment regulations by our legal advisers. First, the drafting appears to be defective in that there are two errors that the Scottish Government has acknowledged to be errors and that the committee may consider impede the intended...
The Convener SNP Committee
17 Mar 2015
Instruments subject to Negative Procedure
A number of points have been raised on the regulations by our legal advisers. First, the drafting of the regulations appears to be defective in that there are seven errors that the Scottish Government has acknowledged to be errors and that the committee may consider impede t...
Nigel Don: SNP Chamber
03 Jun 2009
Offences (Aggravation by Prejudice) (Scotland) Bill
Mr Harvie pushed the bill through, which is a significant achievement and should be applauded.I do not want to repeat what members have said, but I will talk about the consequences of the legislation that we are about to produce. Police forces in general will have to consider ...
Nigel Don (North East Scotland) (SNP) SNP Chamber
20 May 2010
Protection for Workers
I, too, congratulate Hugh Henry on bringing what I believe to be an important issue to Parliament. When I stop and think about it, I have to conclude that the wheels of our society turn through the provision of services to the public. Of course, we have informal social contact...
The Convener SNP Committee
08 Dec 2015
Instruments subject to Negative Procedure
Regulation 1(3)(d)(ii) is defectively drafted. The reference to “15th April 2015” should be to “15th April 2016”. The Scottish Government proposes to lay a correcting instrument before commencement of the regulations on 15 April 2016. The meaning of regulation 20(2) could be ...
The Convener SNP Committee
06 Sep 2011
Instruments not subject to Parliamentary Procedure
It is recommended that the order be drawn to the attention of the Parliament on the general reporting ground. The basis for that recommendation is that there has been a failure to follow proper drafting practice. While the repeal provision in section 138(2) of the 2009 act has...
The Convener SNP Committee
17 Apr 2012
Instruments subject to Negative Procedure
The committee may wish to draw the attention of the Parliament to the instrument on the general reporting ground in three respects. First, there is a drafting error in schedule 5. The revocation of the Public Contracts and Utilities Contracts (Postal Services and Common Procur...
The Convener SNP Committee
09 Feb 2016
Instruments subject to Negative Procedure
The regulations contain some drafting errors. First, regulation 2(5) inserts new subparagraphs 1(v) and 1(w) in part IA of schedule 2 to the National Health Service (General Dental Services) (Scotland) Regulations 2010 (SSI 2010/208)—the principal regulations. As subparagraph ...
The Convener SNP Committee
25 Nov 2014
Instruments subject to Negative Procedure
This instrument contains some minor drafting errors. First, regulations 3(a) and (b) refer to an inaccurate date of issue for the two statements of recommended practice for accounting and reporting by charities—the date of issue should be 16 July 2014. Secondly, regulation 4...
The Convener SNP Committee
28 Apr 2015
Instruments subject to Negative Procedure
Before I invite further comments, I would like to deal with the other issues that are in my brief. The Scottish Government’s response to questions on the instrument from our legal advisers—that happens in the normal way, of course—states that it “will deal with identified er...
The Convener SNP Committee
22 Sep 2015
Instruments subject to Negative Procedure
The instrument contains an unclear provision. Article 23(1)(a) could more clearly provide that a court is not enabled to order the detention of a boat, its gear and catch for a period after the date when a fine is paid, the purpose of the detention being the recovery of the fi...
The Convener SNP Committee
19 Jan 2016
Instruments subject to Negative Procedure
That is clearly the view of the committee. Does the committee agree to draw the instrument to the attention of the Parliament under reporting ground (h), as the meaning of regulation 2(1) could be clearer, and the general reporting ground, given the cross-referencing errors? ...
The Convener SNP Committee
12 Jun 2012
Instruments not subject to Parliamentary Procedure
Secondly, the committee may wish to comment on the procedure used for the order. We are going back over familiar ground.In relation to the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No 6, Transitional and Savings Provisions) Order 2010 (SSI 2010/413), the...
The Convener SNP Committee
17 Apr 2012
Instruments subject to Negative Procedure
I am sure that it will be noted elsewhere.Schedule 1 also includes within the list of contracting authorities the National Archives, the General Register Office for Scotland and the Scottish Record Office. The Scottish Government has acknowledged that the listing requires to b...
The Convener SNP Committee
18 Dec 2012
Instruments subject to Negative Procedure
No points have been raised under any of the reporting grounds, but the regulations raise general issues about the choice of delegated powers and the proper programming of subordinate legislation. When a choice of enabling powers is available to make provisions in subordinate l...
The Convener SNP Committee
12 May 2015
Instruments subject to Affirmative Procedure
If members are comfortable with that general approach, I suggest that we should probably report the draft order on the general reporting ground, because it would be rather strange for us to do what I have suggested but not to report the order. I therefore suggest that we repo...
The Convener SNP Committee
27 Sep 2011
Instruments subject to Negative Procedure
It is suggested in the legal brief that the regulations be drawn to the Parliament’s attention on reporting ground (h) in respect of the erroneous reference to “operator” in regulation 6, where it inserts new regulation 10(3) into the Marketing of Horticultural Produce (Scotla...
The Convener SNP Committee
20 Mar 2012
Instruments subject to Negative Procedure
The regulations raise the following devolution issue, which the committee might agree to draw to the Parliament’s attention on reporting ground (f).National measures on the specification of the special health mark for meat from animals that have been subject to emergency slaug...
The Convener SNP Committee
13 Mar 2012
Instruments subject to Affirmative Procedure
There are five matters in respect of which the committee may wish to draw the order to the attention of the Parliament on reporting ground (h), because its meaning could be clearer in five respects. Clarity is important, as the order is intended to set out steps that landlords...
Nigel Don (Angus North and Mearns) (SNP) SNP Committee
06 Nov 2013
Climate Change Adaptation
Good morning, minister.I want to pick up on the issue of how efficiently we can drive our cars, which was mentioned before we moved on to targets and reporting. I do my level best to get to 49 miles per gallon, although I am not going to argue about the numbers. An old adage f...
The Convener SNP Committee
11 Mar 2014
Instruments subject to Negative Procedure
We come to agenda item 3. Our legal advisers have raised the same points in relation to both Scottish statutory instrument 2014/43 and SSI 2014/44. The committee may consider that there has been unjustifiable delay in the laying of the regulations before the Parliament, as the...
The Convener SNP Committee
25 Sep 2014
Instrument subject to Negative Procedure
That gives me an opportunity to observe, for the sake of the record, that this morning we received a letter from the Minister for Parliamentary Business, Joe FitzPatrick, in which he confirms: “It would be our intention to lay a new order by revoking the instrument and replac...
The Convener SNP Committee
09 Dec 2014
Instruments subject to Negative Procedure
The Charities Accounts (Scotland) Amendment Regulations 2014 (SSI 2014/295) were considered by the committee at its meeting on 25 November 2014, when it was agreed to draw the attention of the Parliament to certain minor inaccuracies in respect of the names and dates of public...
The Convener SNP Committee
21 Jun 2011
Instruments subject to Negative Procedure
As members will note from the legal brief, it has been drawn to the committee’s attention that there has been a failure to follow proper drafting practice, in that article 2(2) of the order duplicates a more general provision in article 2(3), contrary to the presumption that l...
The Convener SNP Committee
20 Mar 2012
Instruments subject to Negative Procedure
The next item is consideration of instruments subject to negative procedure. The regulations appear to be defectively drafted, in that they appear not to deliver the intended policy of transferring certain moneys from a general account held by the Scottish Legal Aid Board to t...
The Convener SNP Committee
06 Mar 2012
Instruments Subject to Affirmative Procedure
In regulation 1(2), reference should have been made to the definition of “ophthalmic medical practitioner” in the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 (SSI 2006/135). Instead, reference is made to the definition of “medical practiti...
The Convener SNP Committee
04 Sep 2012
Instruments subject to Negative Procedure
We have had the Government’s response to the questions, which is all history now. Clearly, however, we can now make the point that we were not as reassured as we might have been. Quite simply, I have read nothing that suggests that the Government tried to do things to fit in w...
The Convener SNP Committee
21 Jan 2014
Instruments subject to Negative Procedure
Regulations 3(b) and (e) substitute new definitions of “primary eye examination” and “supplementary eye examination” in regulation 2(1) of the principal regulations, the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 (SSI 2006/135). The meani...
The Convener SNP Committee
28 Apr 2015
Instruments subject to Negative Procedure
There also three matters that the committee may wish to report under the general reporting ground. First, regulation 9 amends regulation 65 of the principal regulations by substituting paragraph (3). Substituted subparagraph (3)(a) refers to entitlement to payment of a lower t...
The Convener (Nigel Don) SNP Committee
08 Mar 2016
Instruments subject to Negative Procedure
I welcome members to the 10th meeting in 2016 of the Delegated Powers and Law Reform Committee. As always, I ask members to turn off mobile phones, please. The order contains a drafting error. Article 3(2) substitutes class 6H of part 1A of schedule 1 to the Town and Country ...
The Convener SNP Committee
05 Nov 2013
Procurement Reform (Scotland) Bill: Stage 1
Section 7(1) contains a general power for ministers to make provision by regulations about dynamic purchasing systems. The only justification given in the delegated powers memorandum for that general power to make provision about dynamic purchasing systems and to modify the ap...
The Convener SNP Committee
22 Sep 2015
Succession (Scotland) Bill: Stage 1
I am grateful for those general comments. We will, of course, get into the details of the bill but I will pursue one more general question. Do any of you have any general comments on things that we might have missed or anything in the bill that causes you a general concern? I ...
The Convener SNP Committee
21 Jun 2011
Instruments subject to Negative Procedure
As members will note from the legal brief, our legal advisers consider that the reference in the preamble to the regulations to the exercise of powers under section 18(4) of the Local Government and Housing Act 1989 is not appropriate. However, members should also note that th...
The Convener SNP Committee
21 Jun 2011
Instrument not laid before the Parliament
As members will note from the legal brief, our legal advisers have highlighted the following drafting errors in the act of adjournal.First, certain forms indicate that applications for orders can be made to courts that do not have jurisdiction in relation to such proceedings.S...
The Convener (Nigel Don) SNP Committee
06 Sep 2011
Instruments subject to Affirmative Procedure
I welcome members to the third meeting of the Subordinate Legislation Committee in session 4. We have apologies from John Scott. I ask members to turn off their mobile phones and I will start by complying myself. As members will note from the legal brief, there has been a fail...
The Convener SNP Committee
06 Sep 2011
Instruments subject to Affirmative Procedure
The legal brief notes that there have been failures to follow proper drafting practice. The following specific points are drawn to the committee’s attention: words have been omitted in error from the headnote; the regulations contain an unnecessary extent provision; a word has...
The Convener SNP Committee
06 Sep 2011
Instruments not subject to Parliamentary Procedure
As members will have noted from the legal brief, the order does not follow the convention that the provisions that it brings into force should be brought into force at least 10 days after the laying of the order. The main reason for the convention is that a sufficient minimum ...
The Convener SNP Committee
06 Sep 2011
Instruments not subject to Parliamentary Procedure
Members should note the following failures to follow proper drafting practice with regard to the order. While the repeal provisions in sections 139(1) and 143(2) of the 2009 act have been brought into force, the corresponding provisions in part 5 of schedule 7 to the 2009 act ...
The Convener SNP Committee
27 Sep 2011
Instruments subject to Affirmative Procedure
Thank you for that question. It is not the immediate question that I had asked, but we might well pick up the point later.Members will note from the aforementioned legal brief that two further points arise on the draft order. First, in article 5(3)(a), the reference to paragra...
The Convener SNP Committee
15 Nov 2011
Instruments subject to Negative Procedure
The legal brief identifies that there has been a failure to follow proper drafting practice, as section 28 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 has not been cited as an enabling power in the preamble. However, that does not appear to af...
The Convener SNP Committee
20 Sep 2011
Instrument subject to Affirmative Procedure
We turn to item 1 on our agenda. Members will note from the legal brief that there has been a failure to follow proper drafting practice, as the title of the regulations does not indicate that it amends the Storage of Carbon Dioxide (Licensing etc) (Scotland) Regulations 2011 ...
The Convener SNP Committee
25 Oct 2011
Instruments subject to Negative Procedure
The legal brief notes that there has been a failure to follow the proper drafting practice in regulation 39(b), where gender-neutral drafting should have been used instead of referring to “he”. With that in mind, does the committee agree to draw the regulations to the attentio...
The Convener (Nigel Don) SNP Committee
08 Nov 2011
Instruments subject to Negative Procedure
I welcome members to the 10th meeting in session 4 of the Subordinate Legislation Committee and, as usual, ask members to turn off any mobile phones. The legal brief notes that the instrument contains drafting errors at regulations 17(b), 41(e) and 104(n). The nature of the er...
The Convener SNP Committee
08 Nov 2011
Instruments not subject to Parliamentary Procedure
The legal brief notes that there has been a failure to follow proper drafting practice, as section 83(2) of the Animal Health Act 1981 has not been cited as an enabling power in the preamble. However, that does not appear to affect the validity or operation of the order, as th...
The Convener SNP Committee
22 Nov 2011
Instruments not subject to Parliamentary Procedure
New rule 59.2(2) of the criminal procedure rules makes superfluous provision, duplicating the effect of section 5(1) of the Double Jeopardy (Scotland) Act 2011, contrary to normal drafting practice. Does the committee agree to draw the instrument to the Parliament’s attention ...
The Convener SNP Committee
10 Jan 2012
Instruments not subject to Parliamentary Procedure
There is a drafting error in article 2(1), in which “2011” is omitted from the citation of the Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No 2) Order 2011 (SSI 2011/433), which is amended by this order. Given that it is not considered likely that the er...
The Convener SNP Committee
24 Jan 2012
Instruments not subject to Parliamentary Procedure
In commencing part of the Children’s Hearings (Scotland) Act 2011, article 2(2) of the order incorrectly refers to commencing “paragraph 8(a) and (b)” of schedule 5 to the 2011 act, when the correct reference should be to paragraphs 1(8)(a) and (b) of that schedule. Do we agre...
The Convener SNP Committee
20 Mar 2012
Public Bodies Act 2011
The next item is consideration of a draft United Kingdom Government order under section 9 of the UK Public Bodies Act 2011. This is the second such order that the committee has considered.As members will recall, section 9 of the 2011 act requires the Scottish Parliament’s cons...
The Convener SNP Committee
24 Apr 2012
Instruments subject to Negative Procedure
In addition, there are two drafting errors.First, article 4 of the order inserts a new part 1A, on pension contributions, in schedule 8 to the Firemen’s Pension Scheme Order 1992 (SI 1992/129). It was intended to insert a new part A1 before part 1, as stated in article 3(a) of...
The Convener SNP Committee
28 Feb 2012
Instruments subject to Negative Procedure
The rules make provision about visiting committees and provide for a number of amendments to the Prisons and Young Offenders Institutions (Scotland) Rules 2011 (SSI 2011/331), which the Committee considered in October 2011.The committee may want to note that the amendments in ...
The Convener SNP Committee
28 Feb 2012
Instruments subject to Negative Procedure
The regulations extend the provisions for the bus service operators grant to be paid to operators of flexible bus services that are registered as a local, public bus service.There is a drafting error in the definition of “flexible service” in regulation 2(2)(a). That should ha...
The Convener SNP Committee
28 Feb 2012
Public Bodies Act 2011
The next item of business is consideration of a United Kingdom Government order under section 9 of the UK Public Bodies Act 2011.As members will see from the briefing paper, section 9 of the 2011 act requires the consent of the Scottish Parliament to any order that would be wi...
The Convener SNP Committee
06 Mar 2012
Instruments Subject to Negative Procedure
The regulations make supplemental provision in addition to consequential provision, but the powers relied on to do so have not been expressly cited in the preamble, nor do the regulations refer to the provisions made being supplemental. In addition, information as to where cop...
The Convener SNP Committee
12 Jun 2012
Instruments subject to Negative Procedure
I agree with your point and I suspect that the Government would as well.There is also a drafting error in new regulation T3(10) of the National Health Service Superannuation Scheme (Scotland) Regulations 2011 (SSI 2011/117), which is inserted by regulation 7 and which refers t...
The Convener SNP Committee
13 Mar 2012
Instruments subject to Affirmative Procedure
Thank you.I note that there is an apparent policy intention, as disclosed by the Scottish ministers’ response to question 5, that landlords may seek a preliminary indication of the outcome of a housing benefit application from the persons charged with determining the applicati...
The Convener SNP Committee
13 Mar 2012
Instruments subject to Negative Procedure
It is not clear that the words“and ending 31st March 2012”are inserted after “1st April 2007” in regulation C3 of the principal regulations. That was caused by a series of punctuation and paragraphing errors in regulation 3, which the Scottish Government has acknowledged and p...
The Convener SNP Committee
13 Mar 2012
Instruments subject to Negative Procedure
There are drafting errors in the regulations. First, there is an error in regulation 2(2), where it inserts the first line of regulation G2(1) of the Police Pensions Regulations 1987. The reference to a “regular police officer” should refer to “regular policeman”, as that is t...
The Convener SNP Committee
04 Sep 2012
Instruments subject to Negative Procedure
There is a drafting error in the order, in that it does not make clear the Scottish Government’s intention that the definitions of the terms “protection zone” and “surveillance zone” in article 2 of the order are not to apply for the purposes of interpreting the term “restrict...
The Convener SNP Committee
04 Sep 2012
Instruments subject to Negative Procedure
There is a drafting error in regulation 9(a) that the Scottish Government has undertaken to amend at the next opportunity. Regulation 9(a) inserts the phrase “or building units” in regulation 7 of the 2008 principal regulations“after the word ‘buildings’, in both places where ...
The Convener SNP Committee
04 Sep 2012
Instruments subject to Negative Procedure
We are unanimous on that, Chic.Are we nonetheless content to draw the regulations to the Parliament’s attention on the general reporting ground because they contain an error?Members indicated agreement.
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Committee

Delegated Powers and Law Reform Committee 17 March 2015

17 Mar 2015 · S4 · Delegated Powers and Law Reform Committee
Item of business
Instruments subject to Negative Procedure
Local Government Pension Scheme (Scotland) Amendment Regulations 2015 (SSI 2015/87)
Don, Nigel SNP Angus North and Mearns Watch on SPTV
A number of points have been raised on the amendment regulations by our legal advisers. First, the drafting appears to be defective in that there are two errors that the Scottish Government has acknowledged to be errors and that the committee may consider impede the intended operation of the regulations or fail to give effect to the policy intention. The committee may therefore wish to report the regulations on ground (i), as the drafting appears to be defective. Secondly, there are two further provisions the meaning of which could be clearer. Accordingly, the committee may wish to report the regulations under reporting ground (h). Finally, there are a further five drafting errors that the committee may consider, on balance, do not impede delivery of the Government’s policy intentions but fall to be reported under the general ground. Does the committee therefore agree to draw the regulations to the attention of the Parliament under reporting grounds (i) and (h) and the general reporting ground? Members indicated agreement.

In the same item of business

The Convener SNP
A number of points have been raised on the amendment regulations by our legal advisers. First, the drafting appears to be defective in that there are two e...
The Convener SNP
The committee may wish to note that the Scottish Government has indicated that the errors will be corrected by an amending instrument, to be made after 1 Apr...