8th Report, 2016 (Session 4): Subordinate Legislation

SP Paper 888 (Web)


Instruments considered by the Committee on 26 January 2016

Remit and membership


1. The remit of the Delegated Powers and Law Reform Committee is to consider and report on—

(a) any—

(i) subordinate legislation laid before the Parliament or requiring the consent of the Parliament under section 9 of the Public Bodies Act 2011;

(ii) [deleted]

(iii) pension or grants motion as described in Rule 8.11A.1; and, in particular, to determine whether the attention of the Parliament should be drawn to any of the matters mentioned in Rule 10.3.1;

(b) proposed powers to make subordinate legislation in particular Bills or other proposed legislation;

(c) general questions relating to powers to make subordinate legislation;

(d) whether any proposed delegated powers in particular Bills or other legislation should be expressed as a power to make subordinate legislation;

(e) any failure to lay an instrument in accordance with section 28(2), 30(2) or 31 of the 2010 Act; and

(f) proposed changes to the procedure to which subordinate legislation laid before the Parliament is subject.

(g) any Scottish Law Commission Bill as defined in Rule 9.17A.1; and

(h) any draft proposal for a Scottish Law Commission Bill as defined in that Rule; and

(i) any Consolidation Bill as defined in Rule 9.18.1 referred to it by the Parliamentary Bureau in accordance with Rule 9.18.3.


Nigel Don (Convener)
John Mason (Deputy Convener)
Lesley Brennan
John Scott
Stewart Stevenson

Subordinate Legislation

Instruments considered by the Committee on 26 January 2016

The Committee reports to the Parliament as follows—

1. At its meeting on 26 January 2016, the Committee considered the following instruments and determined that it did not need to draw the attention of the Parliament to any of the instruments on any grounds within its remit:

Devolution (Further Powers) Committee

Scottish Parliament Elections (Regional Returning Officers and Constituency Returning Officers) Order 2016 (SSI 2016/9).

Economy, Energy and Tourism Committee

Public Services Reform (Insolvency) (Scotland) Order 2016 [draft];

Fireworks (Scotland) Amendment Regulations 2016 (SSI 2016/18).

Education and Culture Committee

Kinship Care Assistance (Scotland) Order 2016 [draft];

Children and Young People (Scotland) Act 2014 (Modification of Schedules 2 and 3) Order 2016 [draft];

Children and Young People (Scotland) Act 2014 (Part 4 and Part 5 Complaints) Order 2016 [draft];

Named Persons (Training, Qualifications, Experience and Position) (Scotland) Order 2016 (SSI 2016/16);

Child’s Plan (Scotland) Order 2016 (SSI 2016/17).

Equal Opportunities Committee 

Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2016 [draft].

Health and Sport Committee

National Health Service (Scotland) Act 1978 (Independent Clinic) Amendment Order 2016 [draft];

Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 [draft];

Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016 [draft];

Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016 [draft];

Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Amendment Regulations 2016 (SSI 2016/15);

National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2016 (SSI 2016/23);

Products Containing Meat etc. (Scotland) Amendment Regulations 2016 (SSI 2016/24);

National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2016 (SSI 2016/25);

Healthcare Improvement Scotland (Fees) Regulations 2016 (SSI 2016/26);

Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Purposes for Consideration of Suitability) Regulations 2016 (SSI 2016/27);

Public Services Reform (Scotland) Act 2010 (Commencement No. 7) Order 2016 (SSI 2016/22 (C.4)).

Infrastructure and Capital Investment Committee

Letting Agent Code of Practice (Scotland) Regulations 2016 [draft];

Water Resources (Scotland) Act 2013 (Commencement No. 3) Order 2016 (SSI 2016/14 (C.3)).

Justice Committee

Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2016 [draft];

Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment (No. 2) Order 2016 [draft];

Serious Crime Act 2015 (Commencement No. 1 and Saving Provision) (Scotland) Regulations 2016 (SSI 2016/11 (C.1));

Courts Reform (Scotland) Act 2014 (Commencement No. 6 and Transitional Provisions) Order 2016 (SSI 2016/13 (C.2)).

Local Government and Regeneration Committee

Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2016 [draft].

Rural Affairs, Climate Change and Environment Committee

Air Quality (Scotland) Amendment Regulations 2016 [draft];

Reservoirs (Enforcement etc.) (Scotland) Order 2016 [draft];

Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2016 (SSI 2016/12);

Water Environment (Remedial Measures) (Scotland) Regulations 2016 (SSI 2016/19).

Any links to external websites in this report were working correctly at the time of publication. However, the Scottish Parliament cannot accept responsibility for content on external websites

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