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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...
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
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
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
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...
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
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? ...
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
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
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
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
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
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
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 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...
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
14 Jun 2011
Instruments subject to Annulment
We move on to item 5, which is the substantial part of this afternoon’s meeting.As members will note, the instrument was not laid at least 28 days before it came into force, as is required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The G...
The Convener SNP Committee
14 Jun 2011
Instruments not laid before the Parliament
As members will note from the legal brief, our legal advisers are of the opinion that the meaning of the instrument could be clearer in so far as it relates to establishing the identity of a current postal service. Given that concern, do members agree to draw the instrument to...
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
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 subject to Negative Procedure
As members will note from the legal brief, the regulations were not laid at least 28 days before they came into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The committee is therefore invited to draw the regulations to t...
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
The legal brief notes that there appears to be an error in article 2(1)(l), in that the Finance Act 1924 and the Game Act 1970 were not repealed and the Destructive Imported Animals Act 1932 was repealed, on the appointed day of 29 June 2011. However, the defect has been corre...
The Convener SNP Committee
06 Sep 2011
Instruments not subject to Parliamentary Procedure
The order was laid to correct the Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No 1) Order 2011 (SSI 2011/279). It was not laid before coming into force, as required by section 30(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, and as...
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
06 Sep 2011
Instruments not subject to Parliamentary Procedure
As members will note from the legal brief, the instrument was not laid before the Scottish Parliament before it came into force, as required by section 30(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Given the breach of section 30(2), does the committee...
The Convener SNP Committee
13 Sep 2011
Instruments subject to Negative Procedure
As members will note from the legal brief, the regulations were not laid before the Scottish Parliament before they came into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Given the breach of section 28(2), does the commi...
The Convener (Nigel Don) SNP Committee
27 Sep 2011
Instruments subject to Affirmative Procedure
Good afternoon, members, and welcome to the sixth meeting of the Subordinate Legislation Committee in the fourth parliamentary session. As usual, I ask everyone to ensure that they have switched off their mobile phones.The first item on the agenda is consideration of instrumen...
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
27 Sep 2011
Instruments subject to Negative Procedure
As members will note from the legal brief, the order was not laid before the Scottish Parliament at least 28 days before it came into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Given the breach of section 28(2), does t...
The Convener SNP Committee
27 Sep 2011
Instruments not subject to Parliamentary Procedure
The legal brief notes that whether article 3(2) of the order is intra vires in so far as it relates to notices is in doubt. The article provides that notices may be issued otherwise than in writing in some circumstances, whereas section 83(1) of the Animal Health Act 1981 requ...
The Convener SNP Committee
27 Sep 2011
Instruments not subject to Parliamentary Procedure
Given the seriousness of that reporting ground and the Scottish Government’s commitment to make an amending instrument as quickly as possible, does the committee agree that its legal advisers should seek an update from the Scottish Government in a fortnight’s time on the timet...
The Convener SNP Committee
15 Nov 2011
Instruments subject to Negative Procedure
Does the committee agree to draw the order to the Parliament’s attention on reporting ground (h), that the meaning could be better expressed?Members indicated agreement.
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
20 Sep 2011
Instrument subject to Affirmative Procedure
Members should also note from the legal brief that the regulations appear to be defective. Regulation 18(1)(c) of the principal regulations, which is inserted by the draft regulations, creates an offence that may be committed either knowingly or recklessly. However, the offenc...
The Convener SNP Committee
20 Sep 2011
Instruments subject to Negative Procedure
As members will note from the legal brief, the regulations were not laid before the Scottish Parliament at least 28 days before they came into force as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Given that breach, does the commi...
The Convener SNP Committee
20 Sep 2011
Instruments subject to Negative Procedure
Members will note from the legal brief that the order was not laid before the Scottish Parliament at least 28 days before it came into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Given the breach of section 28(2), does ...
The Convener SNP Committee
25 Oct 2011
Instruments subject to Negative Procedure
The amendment rules amend the Prisons and Young Offenders Institutions (Scotland) Rules 2011 (SSI 2011/331) to correct defects identified in the rules by the committee at its meeting on 4 October 2011. In particular, the amendment rules will substitute a new rule 60 so that pr...
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 SNP Committee
25 Oct 2011
Instrument not subject to Parliamentary Procedure
As members will undoubtedly have noted, the legal brief suggests that there appears to have been an unjustifiable delay in laying the order before the Parliament. In this instance, the delay is considerable. The order was made on 18 March 2009 but not laid in the Parliament un...
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
08 Nov 2011
Instruments not subject to Parliamentary Procedure
The legal brief records that section 109(3) of the Criminal Justice and Licensing (Scotland) Act 2010 is commenced“in respect of offences committed on or after 1st November 2011”.Section 109(3) creates a new offence of unauthorised disclosure of information about certain offen...
The Convener SNP Committee
20 Dec 2011
Instruments subject to Negative Procedure
We move to item 4. The regulations have not been laid at least 28 days before coming into force, as is required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. On that basis, does the committee agree to draw the instrument to Parliament’s att...
The Convener SNP Committee
22 Nov 2011
Instruments subject to Negative Procedure
The drafting of the regulations appears to be defective in the definition of “family member” in regulation 2(1). Although “Swiss frontier employed person” is referred to, that is not a defined term in the regulations; the reference should be to “Swiss frontier worker”. Does 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
22 Nov 2011
Instruments not subject to Parliamentary Procedure
In so far as the act of sederunt makes rules for the procedure to be followed in contempt proceedings in the sheriff court, it has been made by what appears to be an unusual use of the powers conferred by section 32(1) of the Sheriff Courts (Scotland) Act 1971. Does the commit...
The Convener SNP Committee
22 Nov 2011
Instruments not subject to Parliamentary Procedure
There are a number of issues with this particular Scottish statutory instrument. The first one, which we are considering at the moment, is the provenance of the powers under section 32(1). The advice of our legal advisers is that that seems to be pretty marginal, which I think...
The Convener SNP Committee
22 Nov 2011
Instruments not subject to Parliamentary Procedure
I am coming at it from the point of view that someone in court, or possibly someone who has been sent to the cells for contempt of court, should be able to know what the rules are. I recognise that the average individual might not know, but their lawyer certainly should be ent...
The Convener SNP Committee
10 Jan 2012
Instruments subject to Negative Procedure
The form or meaning of the definition that is provided for “remote rural area” could be clearer, particularly in its reference to “drive time”. Therefore, does the committee agree to draw the instrument to the attention of the Parliament on reporting ground (h)?Members indicat...
The Convener SNP Committee
10 Jan 2012
Instruments not subject to Parliamentary Procedure
Again, the form or meaning of the definition that is provided for “remote rural area” could be clearer, particularly in its reference to “drive time”. On that basis, does the committee agree to draw the act of sederunt to the attention of the Parliament on reporting ground (h)...
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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...