SOCIAL SECURITY COMMITTEE AGENDA. 26th Meeting, 2018 (Session 5) Thursday 13 December 2018
|
|
- Heather Powers
- 5 years ago
- Views:
Transcription
1 SC/S5/18/26/A SOCIAL SECURITY COMMITTEE AGENDA 26th Meeting, 2018 (Session 5) Thursday 13 December 2018 The Committee will meet at 9.00 am in the Mary Fairfax Somerville Room (CR2). 1. Decision on taking business in private: The Committee will decide whether to take item 3 in private. 2. Subordinate legislation: The Committee will consider the following negative instruments the First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) Amendment Regulations 2018 (SSI 2018/343). 3. Social Security and In-Work Poverty: The Committee will consider a draft report. Anne Peat Clerk to the Social Security Committee Room T3.60 The Scottish Parliament Edinburgh Tel: SocialSecurityCommittee@parliament.scot
2 SC/S5/18/26/A The papers for this meeting are as follows Agenda Item 2 Note by the Clerk Agenda Item 3 PRIVATE PAPER SC/S5/18/26/2 (P)
3 Social Security Committee 26th Meeting, 2018 (Session 5), Thursday 13 December 2018 Overview of instrument Subordinate Legislation 1. There is one negative instrument for consideration at today s meeting. First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) Amendment Regulations 2018 (SSI 2018/343) 2. This Committee has been designated lead and the Instrument and Policy Note is attached at Annex A. 3. The DPLR Committee drew the original instrument to the attention of the Parliament at its meeting on 2 October and the Scottish Government agreed to lay this amending instrument to correct the errors. Purpose 4. The purpose of the instrument is to make amendments to the First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018 to address the points raised by the DPLR Committee. 5. This instrument, when taken together with the other 6 Tribunal instruments, puts in place arrangements to enable decisions of Social Security Scotland to be challenged to an independent body. Delegated Powers and Law Reform Committee consideration 6. The DPLR Committee considered the First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) Amendment Regulations 2018 (SSI 2018/343) at its meeting on 20 November and did not raise any issues. For Decision 7. The Committee is invited to consider and note the instrument. 1
4 S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2018 No. 343 TRIBUNALS AND INQUIRIES The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) Amendment Regulations 2018 Made th November 2018 Laid before the Scottish Parliament 9th November 2018 Coming into force st December 2018 The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 4(2) of schedule 9 of the Tribunals (Scotland) Act 2014(a) and all other powers enabling them to do so. In accordance with paragraph 4(3) of schedule 9 of that Act, the Scottish Ministers have consulted the President of the Scottish Tribunals and such other persons as they considered appropriate. Citation and commencement 1. These Regulations may be cited as the First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) Amendment Regulations 2018 and come into force on 21 December Amendment of the First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations (1) The rules in the schedule of the First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018(b) are amended in accordance with paragraphs (2) to (9). (2) In rule 1(1) (interpretation) for Convention Rights substitute Convention rights. (3) In rule 2(2)(a) (overriding objective) for transparent, substitute transparent and which are. (4) In rule 9 (representatives) for paragraph (3) substitute (3) Where the First-tier Tribunal receives notice of the appointment of a representative (a) it must provide to the representative (i) any document which it requires under these Rules to provide to the represented party on or after the day on which it receives the notice, in addition to providing the document to the represented party, and (a) 2014 asp 10. (b) S.S.I. 2018/273. 2
5 (ii) any document which it required under these Rules to provide to the represented party prior to the day on which it receives the notice; and (b) it may assume that the representative remains appointed unless it receives written notification that this is not so from the representative or represented party.. (5) In rule 21 (response of the decision maker to a notice of appeal against a determination of entitlement) for paragraph (5) substitute (5) The First-tier Tribunal must provide the appellant with a copy of the decisionmaker s response and any documents accompanying that response which have not already been supplied to the appellant.. (6) In rule 22(4)(g) (notice of appeal against a process decision) for Scottish Ministers substitute First-tier Tribunal. (7) In rule 29(1)(b) (reasons for decisions) after reasons insert or a written summary of a decision, which is to be issued. (8) In rule 33(2)(c) (application for permission to appeal against a decision of the First-tier Tribunal) for party substitute person. (9) In rule 35 (review of a decision) (a) in paragraph (1) omit (except an excluded decision) and at the end insert (unless it is an excluded decision or a process decision), (b) in paragraph (5) for (7) substitute (4), (c) in paragraph (7) for under paragraph (4) substitute carried out in accordance with paragraph (5), and (d) in paragraph (8) for A review substitute An application for a review. St Andrew s House, Edinburgh 7th November 2018 SHIRLEY-ANNE SOMERVILLE A member of the Scottish Government 3
6 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations make amendments to the First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018 ( the principal Regulations ). Regulation 2 makes corrections and clarifications to the schedule which sets out the First-tier Tribunal for Scotland Social Security Chamber Rules of Procedure. A Partial Business and Regulatory Impact Assessment was prepared in respect of the package of Regulations of which the principal Regulations formed part. These Regulations do not alter the outcome of that assessment. Accordingly, no further assessment is required. 4
7 POLICY NOTE THE FIRST-TIER TRIBUNAL FOR SCOTLAND SOCIAL SECURITY CHAMBER (RULES OF PROCEDURE) AMENDMENT REGULATIONS 2018 SSI 2018/ The above instrument was made in exercise of the powers conferred by paragraph 4(2) of schedule 9 of the Tribunals (Scotland) Act 2014 ( the 2014 Act ). The instrument is subject to the negative procedure. In accordance with paragraph 4(3) of schedule 9 the President of the Scottish Tribunals has been consulted on these Regulations. Where, in this note, reference is made to the First-tier Tribunal, this refers to the Social Security Chamber of the First-tier Tribunal for Scotland. Policy Objectives 2. The 2014 Act allows rules to be made to regulate the practice and procedure of both the First-tier and Upper Tribunals. Paragraph 4(2) of schedule 9 of the 2014 Act allows rules to be made by the Scottish Ministers until such time as responsibility for rule making passes to the Court of Session. 3. The Delegated Powers and Law Reform Committee ( DPLRC ) considered the Firsttier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018 (S.S.I. 2018/273) at its meeting on 2 October 2018 and raised various points in relation to the drafting of the rules of procedure set out in the schedule. The Scottish Government undertook to lay an amending instrument to address these points. The points raised by the Committee are addressed as follows: A new rule 9(3) is substituted. The purpose of this is to enhance the clarity of rule 9(3)(a). It is made explicit that the duty to supply documents to representatives rests with the First-tier Tribunal. This ties in with the fact that it is only the First-tier Tribunal which has a requirement to supply documents to a represented party (in practice, the appellant). Also, it is made explicit that the duty is not confined to documents which the First-tier Tribunal is required to supply to the represented party after a representative is appointed. A representative must also be provided with copies of any documents which the First-tier Tribunal has already been required to supply to the represented party, prior to the appointment. This will be relevant where a representative is appointed after appeal proceedings have begun. An appellant s decision to change representative may be a common explanation for this. This approach is designed to make the system as accessible as possible to those who are attending hearings by making sure they are in possession of relevant documents. In rule 22(4)(g), the reference to the Scottish Ministers is replaced by reference to the First-tier Tribunal. This corrects a simple error of drafting. The Social Security (Scotland) Act 2018 requires that notices of appeal against process decisions be sent directly to the First-tier Tribunal for Scotland. This is in term of section 61(1). Against that background, the requirement in rule 22(4) (g) is to explain why a notice of appeal against a process decision was not sent or delivered to the First-tier Tribunal sooner, not to the Scottish Ministers. 5
8 In rules 35(5) and (7), dealing with reviews, errors in cross-references to other paragraphs within the rule are corrected. In rules 1(1), 2(2)(a) and 33(2)( c), minor printing points highlighted by the DPLRC are addressed. 4. In the course of preparing these amending Regulations the Scottish Government has taken the opportunity to enhance clarity in relation to a small number of further points, over and above those raised by the DPLRC. 5. Rule 2(5)(a) is amended to make it explicit on the face of the Rules of Procedure that there is no possibility of a review of a decision made by the First-tier Tribunal in dealing with an appeal against a process decision. The exclusion is made by section 61(5) of the Social Security (Scotland) Act However, in the interests of usability of the rules for the reader, the exclusion is to be included expressly on the face of the Rules of Procedure. 6. A new rule 21(5) is substituted. This makes clear that responsibility for forwarding the decision maker s response to the notice of appeal to the appellant rests with the First-tier Tribunal. This ties in with the overall approach of the Rules of Procedure; documents are sent to parties by the First-tier Tribunal. 7. Rule 29 is modified to make it explicit on the face of the Rules of Procedure that reasons for a decision may be communicated to the parties by means of a summary of a decision, as an alternative to a full statement of reasons. This flows from rule 28(3)(c). However, a party who receives a summary of a decision will be able to apply for a full statement of reasons if they wish to do so. 8. Rule 35(8) is modified to make clearer the intended effect of that provision. Its effect is that the time period for applying for permission to appeal to the Upper Tribunal continues to run even if an application for a review is made. The time period is not suspended as a result of the application. Consultation 9. Paragraph 4(3) of schedule 9 of the 2014 Act requires that, in addition to the President of the Scottish Tribunals, consultation must take place with such other persons as the Scottish Ministers consider appropriate. The views of former members of the Judicial Reference Group, which provided advice and guidance on the establishment of the Social Security Chamber, have been sought on these Regulations. 10. As a result of the consultation exercise, the First-tier Tribunal is to be required to send to any representative appointed once proceedings are under way copies of all documents which it required to supply to the represented party before the day on which the representative was appointed. Members of the group advised that this fits better with the practical context of social security appeals than the Tribunal attempting to identify which documents a newly appointed representative has not received from an appellant, or a previous representative, and filling any gaps. 6
9 Impact Assessments 11. The following impact assessments were completed in respect of the package of instruments of which the First-tier Tribunal for Scotland Social Security Chamber Rules of Procedure Regulations 2018 formed part: - Equality impact assessment; - Islands Communities Screening assessment; - Child Rights and Wellbeing Impact Assessment. 12. These Regulations do not alter the outcome of those assessments. Accordingly, no further assessments are required in these areas. Financial Effects 13. A Partial Business and Regulatory Impact Assessment was prepared in respect of the package of instruments of which the First-tier Tribunal for Scotland Social Security Chamber (Procedure) Regulations 2018 formed part. These Regulations do not alter the outcome of that assessment. Accordingly, no further assessment is required. Scottish Government Social Security Directorate 9 November
2015 No. 249 TOWN AND COUNTRY PLANNING. The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2015 No. 249 TOWN AND COUNTRY PLANNING The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 Made - - - - 4th June
More information2010 No. 378 NATIONAL HEALTH SERVICE
SCOTTISH STATUTORY INSTRUMENTS 2010 No. 378 NATIONAL HEALTH SERVICE The National Health Service (General Ophthalmic Services and General Dental Services) (Scotland) Amendment Regulations 2010 Made - -
More information2009 No. 222 TOWN AND COUNTRY PLANNING
SCOTTISH STATUTORY INSTRUMENTS 2009 No. 222 TOWN AND COUNTRY PLANNING The Planning etc. (Scotland) Act 2006 (Development Management and Appeals) (Saving, Transitional and Consequential Provisions) Order
More informationJUDICIARY AND COURTS (SCOTLAND) BILL
JUDICIARY AND COURTS (SCOTLAND) BILL SUPPLEMENTARY DELEGATED POWERS MEMORANDUM Purpose 1. This Memorandum has been prepared by the Scottish Government to assist the Subordinate Legislation Committee in
More information2008 No. 426 TOWN AND COUNTRY PLANNING. The Town and Country Planning (Development Planning) (Scotland) Regulations 2008
SCOTTISH STATUTORY INSTRUMENTS 2008 No. 426 TOWN AND COUNTRY PLANNING The Town and Country Planning (Development Planning) (Scotland) Regulations 2008 Made - - - - 18th December 2008 Laid before the Scottish
More informationCommission on Parliamentary Reform Written views from Scottish Parliament officials. Written submission from Scottish Parliament officials
The legislative process Written submission from Scottish Parliament officials Consideration of legislation is the core of a Parliament s role and the creation of good quality, effective accessible legislation
More information2012 No. 36 NATIONAL HEALTH SERVICE. The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012
SCOTTISH STATUTORY INSTRUMENTS 2012 No. 36 NATIONAL HEALTH SERVICE The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012 Made - - - - 8th February 2012 Laid
More information2010 No. BANKRUPTCY. The Protected Trust Deeds (Scotland) Amendment Regulations 2010
Draft Regulations laid before the Scottish Parliament under section 72(2) of the Bankruptcy (Scotland) Act 1985 for approval by resolution of the Scottish Parliament. SCOTTISH STATUTORY INSTRUMENTS 2010
More informationSubordinate legislation considered by the Delegated Powers and Law Reform Committee on 20 November 2018
Published 20 November 2018 SP Paper 427 58th Report, 2018 (Session 5) Delegated Powers and Law Reform Committee Comataidh Cumhachdan Tiomnaichte is Ath-leasachadh Lagh Subordinate legislation considered
More informationDELEGATED POWERS AND LAW REFORM COMMITTEE AGENDA. 17th Meeting, 2014 (Session 4) Tuesday 20 May 2014
DPLR/S4/14/17/A DELEGATED POWERS AND LAW REFORM COMMITTEE AGENDA 17th Meeting, 2014 (Session 4) Tuesday 20 May 2014 The Committee will meet at 11.30 am in the David Livingstone Room (CR6). 1. Instruments
More informationPROCUREMENT REFORM (SCOTLAND) BILL [AS AMENDED AT STAGE 2]
This document relates to the Procurement Reform (Scotland) Bill as amended at stage 2 (SP Bill PROCUREMENT REFORM (SCOTLAND) BILL [AS AMENDED AT STAGE 2] REVISED EXPLANATORY NOTES INTRODUCTION 1. As required
More information2015 No. 229 ANCIENT MONUMENTS. The Scheduled Monument Consent Procedure (Scotland) Regulations 2015
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2015 No. 229 ANCIENT MONUMENTS The Scheduled Monument Consent Procedure (Scotland) Regulations 2015 Made - - - - 2nd June 2015 Laid before the Scottish
More information2013 No. POLICE. The Police Service of Scotland (Promotion) Regulations 2013
SCOTTISH STATUTORY INSTRUMENTS 2013 No. POLICE The Police Service of Scotland (Promotion) Regulations 2013 Made - - - - 2013 Laid before the Scottish Parliament 2013 Coming into force - - 1st April 2013
More informationEQUAL OPPORTUNITIES COMMITTEE AGENDA. 4th Meeting, 2010 (Session 3) Tuesday 23 February 2010
EO/S3/10/4/A EQUAL OPPORTUNITIES COMMITTEE AGENDA 4th Meeting, 2010 (Session 3) Tuesday 23 February 2010 The Committee will meet at 11.00 am in Committee Room 2. 1. Criminal Justice and Licensing (Scotland)
More information2013 No. MOBILE HOMES. The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013
Draft Order laid before the Scottish Parliament under section 2B(6) of the Mobile Homes Act 1983, for approval by resolution of the Scottish Parliament. D R A F T S C O T T I S H S T A T U T O R Y I N
More information2017 No. 114 AGRICULTURE LAND DRAINAGE WATER
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2017 No. 114 AGRICULTURE LAND DRAINAGE WATER The Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland)
More informationEducation, Culture and Sport Committee. 19th Meeting, Tuesday 18 June 2002
ED/02/19(A) Education, Culture and Sport Committee 19th Meeting, 2002 Tuesday 18 June 2002 The Committee will meet at 1.30 pm in the Chamber, Assembly Hall, The Mound, Edinburgh 1. Items in private: The
More informationHousing (Amendment) (Scotland) Bill [AS INTRODUCED]
Housing (Amendment) (Scotland) Bill [AS INTRODUCED] CONTENTS Section Regulatory intervention by Scottish Housing Regulator 1 Managers appointed by, or on the requirement of, the Scottish Housing Regulator
More information2013 No FOOD. The Fish Labelling Regulations 2013
S T A T U T O R Y I N S T R U M E N T S 2013 No. 1768 FOOD The Fish Labelling Regulations 2013 Made - - - - 15th July 2013 Laid before Parliament 18th July 2013 Coming into force - - 2nd September 2013
More information2018 No. xxxx EXITING THE EUROPEAN UNION CIVIL PROCEEDINGS EVIDENCE FAMILY PROCEEDINGS. The Service of Documents and Taking of Evidence in Civil and
S T A T U T O R Y I N S T R U M E N T S 2018 No. xxxx EXITING THE EUROPEAN UNION CIVIL PROCEEDINGS EVIDENCE FAMILY PROCEEDINGS The Service of Documents and Taking of Evidence in Civil and Commercial Matters
More informationBANKRUPTCY AND DEBT ADVICE (SCOTLAND) BILL
BANKRUPTCY AND DEBT ADVICE (SCOTLAND) BILL DELEGATED POWERS MEMORANDUM PURPOSE 1. This memorandum has been prepared by the Scottish Government in accordance with Rule 9.4A of the Parliament s Standing
More informationTrade Bill EXPLANATORY NOTES
Trade Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department of International Trade, will be published separately as HL Bill 127 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Baroness
More informationSubordinate Legislation considered on 25 April 2017
Published 26 April 2017 SP Paper 129 21st Report (Session 5) Comataidh Cumhachdan Tiomnaichte is Ath-leasachadh Lagh Subordinate Legislation considered on 25 April 2017 Published in Scotland by the Scottish
More informationSUBORDINATE LEGISLATION COMMITTEE AGENDA. 4th Meeting, 2009 (Session 3) Tuesday 27 January 2009
SL/S3/09/4/A SUBORDINATE LEGISLATION COMMITTEE AGENDA 4th Meeting, 2009 (Session 3) Tuesday 27 January 2009 The Committee will meet at 2.15 pm in Committee Room 6. 1. Instruments subject to annulment:
More information2018 No. (W. ) SOCIAL CARE, WALES CHILDREN AND YOUNG PERSONS, WALES. The Children (Secure Accommodation) (Wales) (Amendment) Regulations 2018
Draft Regulations laid before the National Assembly for Wales under section 196(6) of the Social Services and Well-being (Wales) Act 2014 and section 187(2)(f) of the Regulation and Inspection of Social
More informationForensic Science Regulator Bill
Forensic Science Regulator Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office with the agreement of Chris Green, are published separately as Bill 180 EN. Bill 180 7/1 Forensic
More informationExplanatory Notes to Homelessness etc (Scotland) Act 2003
Explanatory Notes to Homelessness etc (Scotland) Act 2003 2003 Chapter 10 Crown Copyright 2003 Explanatory Notes to Acts of the Scottish Parliament are subject to Crown Copyright protection. They may be
More information2015 No HEALTH CARE AND ASSOCIATED PROFESSIONS
S T A T U T O R Y I N S T R U M E N T S 2015 No. 1958 HEALTH CARE AND ASSOCIATED PROFESSIONS DOCTORS The General Medical Council (Legal Assessors and Legally Qualified Persons) Rules Order of Council 2015
More information2009 No (L. 20) TRIBUNALS AND INQUIRIES
S T A T U T O R Y I N S T R U M E N T S 2009 No. 1976 (L. 20) TRIBUNALS AND INQUIRIES The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 Made - - - - 16th July 2009 Laid
More informationNATIONAL HEALTH SERVICE REFORM (SCOTLAND) ACT 2004
NATIONAL HEALTH SERVICE REFORM (SCOTLAND) ACT 2004 INTRODUCTION EXPLANATORY NOTES 1. These Explanatory Notes have been prepared by the Scottish Executive in order to assist the reader of the National Health
More information2013 No. 188 MOBILE HOMES
This SSI has been printed in substitution of the S.S.I. of the same number and is being issued free of charge to all known recipients of that instrument which was not printed. SCOTTISH STATUTORY INSTRUMENTS
More informationJUSTICE COMMITTEE AGENDA. 2nd Meeting, 2012 (Session 4) Tuesday 17 January The Committee will meet at am in Committee Room 2.
J/S4/12/2/A JUSTICE COMMITTEE AGENDA 2nd Meeting, 2012 (Session 4) Tuesday 17 January 2012 The Committee will meet at 10.45 am in Committee Room 2. 1. Decision on taking business in private: The Committee
More informationScottish Civil Justice Council and Criminal Legal Assistance Bill [AS INTRODUCED]
Scottish Civil Justice Council and Criminal Legal Assistance Bill [AS INTRODUCED] CONTENTS Section PART 1 SCOTTISH CIVIL JUSTICE COUNCIL Establishment 1 Establishment of the Scottish Civil Justice Council
More informationUK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [AS AMENDED AT STAGE 2]
UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section 1 Purpose and effect of this Act PART 1 PURPOSE AND EFFECT OF ACT PART 2 RETENTION OF EXISTING
More informationHousing (Amendment) (Scotland) Bill at Stage 1
Published 28 November 2017 SP Paper 239 57th Report, 2017 (Session 5) Delegated Powers and Law Reform Committee Comataidh Cumhachdan Tiomnaichte is Ath-leasachadh Lagh Housing (Amendment) (Scotland) Bill
More informationSchools (Health Promotion and Nutrition) (Scotland) Bill [AS INTRODUCED]
Schools (Health Promotion and Nutrition) (Scotland) Bill [AS INTRODUCED] Section CONTENTS Health promotion 1 Duties in relation to promotion of health 2 Annual statement: account of health promotion Food
More informationGender Representation on Public Boards (Scotland) Bill
Gender Representation on Public Boards (Scotland) Bill Marshalled List of Amendments for Stage 2 The Bill will be considered in the following order Sections 1 and 2 Sections 3 to 9 Sections 10 to 13 Schedule
More informationCOMPLAINTS ABOUT THE JUDICIARY (SCOTLAND) RULES 2017
COMPLAINTS ABOUT THE JUDICIARY (SCOTLAND) RULES 2017 Made - - - - 31 March 2017 Coming into force - - 1 April 2017 The Lord President of the Court of Session, in exercise of his powers under section 28
More informationData Protection Bill [HL]
[AS AMENDED IN COMMITTEE] CONTENTS PART 1 PRELIMINARY 1 Overview 2 Terms relating to the processing of personal data PART 2 GENERAL PROCESSING CHAPTER 1 SCOPE AND DEFINITIONS 3 Processing to which this
More informationDigital Economy Bill: Parts 1 4
HOUSE OF LORDS Delegated Powers and Regulatory Reform Committee 11th Report of Session 2016 17 Digital Economy Bill: Parts 1 4 Ordered to be printed 20 December 2016 and published 22 December 2016 Published
More information2008 No HEALTH AND SAFETY. The Export and Import of Dangerous Chemicals Regulations 2008
STATUTORY INSTRUMENTS 2008 No. 2108 HEALTH AND SAFETY The Export and Import of Dangerous Chemicals Regulations 2008 Made - - - - 5th August 2008 Laid before Parliament 8th August 2008 Coming into force
More informationRelease of Life Prisoners. Guidance. Scottish Executive Justice Department
Release of Life Prisoners Guidance Scottish Executive Justice Department 1 Contents 1. Introduction 1.1 Legislative Background 1.2 Life Prisoner Tribunals 2. The Role of Prison Based Social Work 3. The
More informationTechnical and Further Education Bill
EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Education, are published separately as Bill 82 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary Justine Greening has made
More informationTRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 INTRODUCTION EXPLANATORY NOTES 1. These explanatory notes relate to the Tribunals, Courts and Enforcement Act 2007. They have been prepared by the Ministry of
More informationHousing (Scotland) Bill
Housing (Scotland) Bill [AS INTRODUCED] CONTENTS Section 1 Abolition of the right to buy 2 Amendment of right to buy provisions PART 1 RIGHT TO BUY PART 2 SOCIAL HOUSING Allocation of social housing 3
More information2017 No. ENVIRONMENTAL PROTECTION. Environmental Authorisations (Scotland) Regulations 2018
DRAFT 22 SEPTEMBER 2017 Draft Regulations laid before the Scottish Parliament under section 58(4) of the Regulatory Reform (Scotland) Act 2014, for approval by resolution of the Scottish Parliament. D
More informationCivil Litigation (Expenses and Group Proceedings) (Scotland) Bill [AS AMENDED AT STAGE 2]
Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section 1 Success fee agreements 2 Enforceability 3 Expenses in the event of success 4 Power to cap success
More informationSocial Care (Self-directed Support) (Scotland) Bill [AS INTRODUCED]
Social Care (Self-directed Support) (Scotland) Bill [AS INTRODUCED] CONTENTS Section 1 General principles 2 Support for adult carers General principles Adult carers Options for self-directed support 3
More informationMENTAL HEALTH (SCOTLAND) BILL
MENTAL HEALTH (SCOTLAND) BILL SUPPLEMENTARY DELEGATED POWERS MEMORANDUM PURPOSE 1. This Memorandum has been prepared by the Scottish Government to assist the Delegated Powers and Law Reform Committee (DPLRC)
More informationSocial Security (Scotland) Bill
Social Security (Scotland) Bill 1st Groupings of Amendments for Stage 2 This document provides procedural information which will assist in preparing for and following proceedings on the above Bill. The
More information2008 No TOWN AND COUNTRY PLANNING, ENGLAND
STATUTORY INSTRUMENTS 2008 No. 1556 TOWN AND COUNTRY PLANNING, ENGLAND The Town and Country Planning (Environmental Impact Assessment) (Mineral Permissions and Amendment) (England) Regulations 2008 Made
More information2013 No. 318 BANKRUPTCY
S C O T T I S H S TAT U T O R Y I N S T R U M E N T S 2013 No. 318 BANKRUPTCY The Protected Trust Deeds (Scotland) Regulations 2013 Made - - Coming into force - - 6th November 2013-28th November 2013 The
More informationImmigration and Social Security Co-ordination (EU Withdrawal) Bill
Immigration and Social Security Co-ordination (EU Withdrawal) Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 9-EN EUROPEAN CONVENTION
More informationBackground. 19/04/13 Version 1.0 Final. 1 Sir Andrew Leggatt: Tribunal for users- One system, one Service (2001 )
The Information Commissioner s Response to the Department of Justice s consultation Future Administration and Structure of Tribunals in Northern Ireland ( the consultation ) The Information Commissioner
More informationWales Bill House of Lords Bill [HL] Lobbying (Transparency) Bill [HL] Register of Arms Brokers Bill [HL] Renters Rights Bill [HL]
HOUSE OF LORDS Delegated Powers and Regulatory Reform Committee 5th Report of Session 2016 17 Wales Bill House of Lords Bill [HL] Lobbying (Transparency) Bill [HL] Register of Arms Brokers Bill [HL] Renters
More informationBANKRUPTCY (SCOTLAND) BILL
BANKRUPTCY (SCOTLAND) BILL DELEGATED POWERS MEMORANDUM INTRODUCTION 1. This memorandum has been prepared by the Scottish Government in accordance with Rule 9.4A of the Parliament s Standing Orders, in
More informationToronto - January Tribunal Reform in the UK: a Quiet Revolution. by Lord Justice Carnwath
Toronto - January 2008 Tribunal Reform in the UK: a Quiet Revolution by Lord Justice Carnwath Background 1. Tribunals constitute a substantial part of the UK justice system. They deal with a wide range
More informationElectoral Registration and Administration Bill
EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Cabinet Office, are published separately as HL Bill 33 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Lord Wallace of Saltaire has made the following
More informationSUPPLEMENT No. 2 TO THE SOVEREIGN BASE AREAS GAZETTE No of 29th January 2013 LEGISLATION
SUPPLEMENT No. 2 TO THE SOVEREIGN BASE AREAS GAZETTE No. 1677 of 29th January 2013 LEGISLATION CONTENTS: The following LEGISLATION is published in this Supplement which forms part of this Gazette : Ordinance
More informationJudiciary and Courts (Scotland) Act 2008
Judiciary and Courts (Scotland) Act 2008 (asp 6) Section Judiciary and Courts (Scotland) Act 2008 2008 asp 6 CONTENTS PART 1 JUDICIAL INDEPENDENCE 1 Guarantee of continued judicial independence 2 Head
More informationUK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [AS PASSED]
UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [AS PASSED] CONTENTS Section 1 Purpose and effect of this Act PART 1 PURPOSE AND EFFECT OF ACT PART 2 RETENTION OF EXISTING EU LAW
More information2008 No HEALTH CARE AND ASSOCIATED PROFESSIONS. The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008
STATUTORY INSTRUMENTS 2008 No. 1774 HEALTH CARE AND ASSOCIATED PROFESSIONS The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 Made - - - - 9th July 2008 Coming into force
More informationHomelessness etc. (Scotland) Bill
Homelessness etc. (Scotland) Bill [AS PASSED] CONTENTS Section Homelessness: priority need for accommodation 1 Amendment of section 2 of the 1987 Act 2 Abolition of priority need test 3 Statement on abolition
More information2016 No. 139 WATER RESOURCES, ENGLAND WATER RESOURCES, SCOTLAND
S T A T U T O R Y I N S T R U M E N T S 2016 No. 139 WATER RESOURCES, ENGLAND WATER RESOURCES, SCOTLAND The Water Environment (Water Framework Directive) (Northumbria and Solway Tweed River Basin Districts)
More informationGaelic Language (Scotland) Act asp 7
Gaelic Language (Scotland) Act 2005 2005 asp 7 The Bill for this Act of the Scottish Parliament was passed by the Parliament on 21st April 2005 and received Royal Assent on 1st June 2005 An Act of the
More informationData Protection Bill [HL]
[AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS PART 1 PRELIMINARY 1 Overview 2 Protection of personal data 3 Terms relating to the processing of personal data PART 2 GENERAL PROCESSING CHAPTER 1 SCOPE
More informationIMMIGRATION REGULATIONS INSTRUMENT A. The Financial Conduct Authority makes this instrument in the exercise of:
IMMIGRATION REGULATIONS INSTRUMENT 2014 Powers exercised A. The Financial Conduct Authority makes this instrument in the exercise of: (1) the following powers and related provisions in the Financial Services
More informationEXPLANATORY NOTES Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1)
EXPLANATORY NOTES Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1) 5.75 SOCIAL CARE (SELF-DIRECTED SUPPORT) (SCOTLAND) ACT 2013 INTRODUCTION EXPLANATORY NOTES 1. These Explanatory Notes
More information2008 No. (C. ) INSOLVENCY DEBT. The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 3, Savings and Transitionals) Order 2008
SCOTTISH STATUTORY INSTRUMENTS 2008 No. (C. ) INSOLVENCY BANKRUPTCY DEBT DILIGENCE The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 3, Savings and Transitionals) Order 2008 Made
More informationThe British Waterways Board (Transfer of Functions) Order 2012
STATUTORY INSTRUMENTS 2012 No. 1659 CANALS AND INLAND WATERWAYS PUBLIC BODIES TRANSPORT The British Waterways Board (Transfer of Functions) Order 2012 Made - - - - 1st July 2012 Coming into force in accordance
More informationSubordinate Legislation Committee. 25th Report, 2013 (Session 4) Subordinate Legislation
Subordinate Legislation Committee 25th Report, 2013 (Session 4) Subordinate Legislation Published by the Scottish Parliament on 30 April 2013 SP Paper 311 Web only Session 4 (2013) Parliamentary copyright.
More information2012 No. 264 SEA FISHERIES. The Fishing Boats (Satellite-tracking Devices) (Scotland) Scheme 2012
Order made by the Scottish Ministers, laid before the Scottish Parliament under section 15(3) of the Fisheries Act 1981, for approval by resolution of the Scottish Parliament within 40 days beginning with
More informationRailway Policing (Scotland) Bill
Railway Policing (Scotland) Bill Marshalled List of Amendments for Stage 2 The Bill will be considered in the following order Sections 1 to 8 Long Title Amendments marked * are new (including manuscript
More informationHUMAN TRAFFICKING AND EXPLOITATION (SCOTLAND) BILL
HUMAN TRAFFICKING AND EXPLOITATION (SCOTLAND) BILL DELEGATED POWERS MEMORANDUM PURPOSE 1. This memorandum has been prepared by the Scottish Government in accordance with Rule 9.4A of the Parliament s Standing
More informationEuropean Union (Withdrawal) Bill
European Union (Withdrawal) Bill [AS AMENDED ON REPORT] CONTENTS Repeal of the ECA 1 Repeal of the European Communities Act 1972 Retention of existing EU law 2 Saving for EU-derived domestic legislation
More informationHDL (2005) 42 abcdefghijklm
HDL (2005) 42 abcdefghijklm = eé~äíü=aéé~êíãéåí= = péêîáåé=mçäáåó=~åç=mä~ååáåö=aáêéåíçê~íé= Dear Colleague THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 (TRANSITIONAL AND SAVINGS PROVISIONS)
More informationELECTORAL REGISTRATION AND ADMINISTRATION BILL
ELECTORAL REGISTRATION AND ADMINISTRATION BILL EXPLANATORY NOTES INTRODUCTION 1. These explanatory notes relate to the Electoral Registration and Administration Bill as introduced in the House of Commons
More informationNEIGHBOURHOOD PLANNING BILL EXPLANATORY NOTES
NEIGHBOURHOOD PLANNING BILL EXPLANATORY NOTES What these notes do These Explanatory tes relate to the Neighbourhood Planning Bill as introduced in the House of Commons on 7. These Explanatory tes have
More informationPublic Appointments and Public Bodies etc. (Scotland) Act 2003
Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4) i Section Public Appointments and Public Bodies etc. (Scotland) Act 2003 2003 asp 4 CONTENTS PART 1 THE COMMISSIONER FOR PUBLIC APPOINTMENTS
More information1992 No TOWN AND COUNTRY PLANNING, ENGLAND AND WALES
STATUTORY INSTRUMENTS 1992 No. 2832 TOWN AND COUNTRY PLANNING, ENGLAND AND WALES The Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 Made - - - - 9th November
More informationEuropean Union (Withdrawal) Bill
European Union (Withdrawal) Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Exiting the European Union, are published separately as HL Bill 79 EN. EUROPEAN CONVENTION
More informationPARKING (CODE OF PRACTICE) BILL EXPLANATORY NOTES
PARKING (CODE OF PRACTICE) BILL EXPLANATORY NOTES What these notes do These Explanatory tes relate to the Parking (Code of Practice) Bill as introduced in the House of Commons on 19 July. These Explanatory
More information2012 No. 348 SEA FISHERIES. The Shetland Islands Regulated Fishery (Scotland) Order 2012
SCOTTISH STATUTORY INSTRUMENTS 2012 No. 348 SEA FISHERIES The Shetland Islands Regulated Fishery (Scotland) Order 2012 Made - - - - 13th December 2012 Laid before the Scottish Parliament 17th December
More informationJUSTICE COMMITTEE AGENDA. 9th Meeting, 2008 (Session 3) Tuesday 25 March 2008
J/S3/08/9/A JUSTICE COMMITTEE AGENDA 9th Meeting, 2008 (Session 3) Tuesday 25 March 2008 The Committee will meet at 10.15 am in Committee Room 2. 1. Decision on taking business in private: The Committee
More information2014 No. 379 SEA FISHERIES. The Sea Fishing (Points for Masters of Fishing Boats) (Scotland) Regulations 2014
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2014 No. 379 SEA FISHERIES The Sea Fishing (Points for Masters of Fishing Boats) (Scotland) Regulations 2014 Made - - - - 18th December 2014 Laid
More information2018 No. 643 SEA FISHERIES. The Sea Fishing (Miscellaneous Amendments) Regulations 2018
S T A T U T O R Y I N S T R U M E N T S 2018 No. 643 SEA FISHERIES The Sea Fishing (Miscellaneous Amendments) Regulations 2018 Made - - - - 22nd May 2018 Laid before Parliament 25th May 2018 Laid before
More informationEDUCATION AND SKILLS BILL
EDUCATION AND SKILLS BILL EXPLANATORY NOTES ON LORDS AMENDMENTS INTRODUCTION 1. These explanatory notes relate to the Lords Amendments to the Education and Skills Bill, as brought from the House of Lords
More informationHouse of Commons NOTICES OF AMENDMENTS. given up to and including. Thursday 25 January 2018
1 House of Commons NOTICES OF AMENDMENTS given up to and including Thursday 25 January 2018 New Amendments handed in are marked thus Amendments which will comply with the required notice period at their
More informationFinancial Services Tribunal Rules 2015 (as amended 2017 and 2018)
Rule c FINANCIAL SERVICES TRIBUNAL RULES 2015 Index Page* (* page numbers below relate to original legislation, not to this document) PART 1 PRELIMINARY 1 Title... 3 2 Commencement... 3 3 Interpretation...
More informationRURAL ECONOMY AND CONNECTIVITY COMMITTEE AGENDA. 14th Meeting, 2017 (Session 5) Wednesday 3 May 2017
REC/S5/17/14/A RURAL ECONOMY AND CONNECTIVITY COMMITTEE AGENDA 14th Meeting, 2017 (Session 5) Wednesday 3 May 2017 The Committee will meet at 10.00 am in the Mary Fairfax Somerville Room (CR2). 1. Decision
More informationNeighbourhood Planning Bill
[AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS PART 1 PLANNING Neighbourhood planning 1 Duty to have regard to post-examination neighbourhood development plan 2 Status of approved neighbourhood development
More informationAGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) BILL
AGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) BILL EXPLANATORY NOTES INTRODUCTION 1. As required under Rule 9.3.2A of the Parliament s Standing Orders, these Explanatory Notes are published to accompany the
More informationPlanning (Scotland) Bill [AS INTRODUCED]
Planning (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 DEVELOPMENT PLANNING Development planning 1 National Planning Framework 2 Removal of requirement to prepare strategic development plans
More informationPART 1 THE CONVENTION, RELEVANT AUTHORITIES AND THE OVERARCHING OBJECTIVE
Children s Rights (Scotland) Bill An Act to give further effect in Scotland to the rights and obligations set out in the United Nations Convention on the Rights of the Child. PART 1 THE CONVENTION, RELEVANT
More informationCommunity Empowerment (Scotland) Bill [AS INTRODUCED]
Community Empowerment (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 NATIONAL OUTCOMES 1 National outcomes 2 Review of national outcomes 3 Reports PART 2 COMMUNITY PLANNING 4 Community planning
More information2013 No. POLICE. The Police Service of Scotland (Conduct) Regulations 2013
2 nd DRAFT 13 DECEMBER 2012 SCOTTISH STATUTORY INSTRUMENTS 2013 No. POLICE The Police Service of Scotland (Conduct) Regulations 2013 Made - - - - *** Laid before Parliament *** Coming into force - - ***
More informationSubordinate legislation considered by the Delegated Powers and Law Reform Committee on 26 February 2019
Published 27 February 2019 SP Paper 476 10th Comataidh Cumhachdan Tiomnaichte is Ath-leasachadh Lagh Subordinate legislation considered by the Delegated Powers and Law Reform Committee on 26 February 2019
More informationEuropean Union (Withdrawal) BillAct 2018
European Union (Withdrawal) BillAct 2018 CHAPTER 16 EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Exiting the European Union, are published separately as Bill 5 EN. EUROPEAN
More information2010 No. 787 (L. 7) MAGISTRATES COURTS, ENGLAND AND WALES. The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2010
STATUTORY INSTRUMENTS 2010 No. 787 (L. 7) MAGISTRATES COURTS, ENGLAND AND WALES The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2010 Made - - - - 10th March 2010 Laid before Parliament
More informationRecommendation by the Legal Services Board to the Lord Chancellor under section 69 of the Legal Services Act 2007
The Rt Hon David Lidington MP Lord Chancellor and Secretary of State for Justice Ministry of Justice 9th Floor (9.42) 102 Petty France London SW1H 9AJ 28 September 2017 The Chair s Office Legal Services
More information