Nigel Don MSP

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Member of the Conveners Group

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Delegated Powers and Law Reform Committee 27 January 2015 : Tuesday, January 27, 2015
The Convener (Nigel Don)

I welcome members to the fourth meeting in 2015 of the Delegated Powers and Law Reform Committee, and I ask that mobile phones be switched off.

No points have been raised by our legal advisers on the draft Local Government Finance (Scotland) Order 2015. Is the committee content with it?

Members indicated agreement.



Delegated Powers and Law Reform Committee 27 January 2015 : Tuesday, January 27, 2015
The Convener

Regulation 24(2)(b)(i) specifies that when a claimant, in relation to the documents that are mentioned in regulation 22 on records required to be kept, fails to comply with section 99(1) of the Revenue Scotland and Tax Powers Act 2014,

“the claimant shall repay to Revenue Scotland the amount of the claim to which the failure to comply relates.”

The committee may consider that the meaning of that regulation could be clearer in that, in order for the provision to be fully operable, it appears that the regulation should further specify what obligation must be complied with in relation to the documents that are mentioned in regulation 22.

Does the committee therefore agree to draw the Parliament’s attention to the regulations on reporting ground (h), as the meaning of regulation 24(2)(b)(i) could be clearer?

Members indicated agreement.



Delegated Powers and Law Reform Committee 27 January 2015 : Tuesday, January 27, 2015
The Convener

Two further points have been raised by our legal advisers in relation to the regulations. First, regulation 36(2) provides that the weighing of landfill material

“shall be carried out at the time of the disposal,”

and that, for that purpose, the requirements of section 26 of the Landfill Tax (Scotland) Act 2014 as regards the time at which the disposal is treated as made “shall be disregarded.” As section 26 of that act has been repealed by paragraph 10(8) of schedule 4 to the Revenue Scotland and Tax Powers Act 2014, the reference to section 26 is redundant and represents a failure to follow proper drafting practice.

Secondly, regulation 11(7) refers to section 74 of the Revenue Scotland and Tax Powers Act 2014 in relation to the taxpayer’s right to amend a return, and to sections 100 to 103 of that act in relation to defences by Revenue Scotland of unjustified enrichment. There are drafting errors, as those references are incorrect. The references should be to section 83 and to sections 109 to 112.

Does the committee therefore agree to draw the Parliament’s attention to the regulations on the general reporting ground?

Members indicated agreement.



Delegated Powers and Law Reform Committee 27 January 2015 : Tuesday, January 27, 2015
The Convener

Indeed. I was about to ask whether the committee agrees to note that the Scottish Government has undertaken to amend the incorrect references in regulation 11(7) before the regulations come into force on 1 April 2015. I suspect that the committee will want to note that, but “Why not fix the other reference while you’re there?” seems a perfectly fair question to ask.



Delegated Powers and Law Reform Committee 27 January 2015 : Tuesday, January 27, 2015
The Convener

That is all right. I think that we are agreed on all of that.



Delegated Powers and Law Reform Committee 27 January 2015 : Tuesday, January 27, 2015
The Convener

This order fails to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, because it was laid before the Parliament on 20 January 2015 and will come into force on 31 January 2015, so it does not respect the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument.



Delegated Powers and Law Reform Committee 27 January 2015 : Tuesday, January 27, 2015
The Convener

I have a suspicion that, given the debate that has taken place about the proposal in the angling fraternity, there will not be very many people who are not aware of it, but the committee is, of course, fully committed to the idea that we should get things done properly. Good timing is essential.

Does the committee agree to draw the order to the Parliament’s attention under reporting ground (j), as it has failed to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?

Members indicated agreement.



Delegated Powers and Law Reform Committee 27 January 2015 : Tuesday, January 27, 2015
The Convener

Further to that, the committee may wish to report that it finds the failure to comply with section 28 to be unsatisfactory in the circumstances, as the order creates one new criminal offence and modifies the application of another. Does the committee agree to report accordingly?

Members indicated agreement.



Delegated Powers and Law Reform Committee 27 January 2015 : Tuesday, January 27, 2015
The Convener

No points have been raised by our legal advisers on the regulations.



Delegated Powers and Law Reform Committee 27 January 2015 : Tuesday, January 27, 2015
The Convener

I am not qualified to comment, but give me a moment. [Interruption.] The answer to your question is that no one can immediately tell you whether that is the case.

Vote DetailMSP VoteResult

S4M-12182.1 Alex Fergusson: The Chilcot Inquiry—As an amendment to motion S4M-12182 in the name of N
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NoDefeated

S4M-12182 Nicola Sturgeon: The Chilcot Inquiry—That the Parliament calls for Sir John Chilcot’s offi
>> Show more
YesCarried

S4M-12176 John Swinney: Community Charge Debt (Scotland) Bill—That the Parliament agrees to the gene
>> Show more
YesCarried

S4M-12160.2 Michael Matheson: Women Offenders—As an amendment to motion S4M-12160 in the name of Kez
>> Show more
YesCarried

S4M-12160.3 Margaret Mitchell: Women Offenders—As an amendment to motion S4M-12160 in the name of Ke
>> Show more
NoDefeated

S4M-12160 Kezia Dugdale: Women Offenders—That the Parliament welcomes the decision of the Scottish G
>> Show more
YesCarried

S4M-12154.1 Lewis Macdonald: Partnership Action for Continuing Employment (PACE) – Supporting Indivi
>> Show more
NoDefeated

S4M-12120.1 Jenny Marra: 2020 Vision, the Strategic Forward Direction of the NHS—As an amendment to
>> Show more
NoDefeated

S4M-12101 John Swinney: Budget (Scotland) (No.4) Bill—That the Parliament agrees to the general prin
>> Show more
YesCarried

S4M-12095.4 Ken Macintosh: Tackling Inequalities—As an amendment to motion S4M-12095 in the name of
>> Show more
NoDefeated

Search for other Motions lodged by Nigel Don
EventIdTypeSub TypeMSP NameParty NameConstituencyRegionTitleItemTextFormattedAnswer DateAnswerStatusIdExpectedAnswerDateAnsweredByMspApprovedDateSubmissionDateMeetingDateProductionStatusIdRecordStatusIdStatus DateOnBehalfOfConsideredForMembersBusinessCrossPartySupportRegisteredInterestSupportCountSupportDateIsEventLinkCurrentMinister
Motion S4M-11987: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 06/01/2015 Show Full Motion >>
Motion S4M-11978: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 05/01/2015 Show Full Motion >>
Motion S4M-11748: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 28/11/2014 Show Full Motion >>
Motion S4M-11701: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 26/11/2014 Show Full Motion >>
Motion S4M-11676: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 25/11/2014 Show Full Motion >>
Motion S4M-11605: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 18/11/2014 Show Full Motion >>
Motion S4M-11466: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 06/11/2014 Show Full Motion >>
Motion S4M-09965: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 07/05/2014 Show Full Motion >>
Motion S4M-09910: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 01/05/2014 Show Full Motion >>
Motion S4M-09887: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 01/05/2014 Show Full Motion >>
Search for other Questions asked by Nigel Don
EventIdTypeSub TypeMSP NameParty NameConstituencyRegionTitleItemTextFormattedAnswer DateAnswerStatusIdExpectedAnswerDateAnsweredByMspApprovedDateSubmissionDateMeetingDateProductionStatusIdRecordStatusIdStatus DateOnBehalfOfConsideredForMembersBusinessCrossPartySupportRegisteredInterestSupportCountSupportDateIsEventLinkCurrentMinister
Question S4O-03930: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 12/01/2015 Show Full Question >>
Question S4O-03898: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 06/01/2015 Show Full Question >>
Question S4O-03872: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 17/12/2014 Show Full Question >>
Question S4O-03800: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 01/12/2014 Show Full Question >>
Question S4O-03722: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 10/11/2014 Show Full Question >>
Question S4O-03688: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 03/11/2014 Show Full Question >>
Question S4O-03410: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 16/06/2014 Show Full Question >>
Question S4O-03349: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 04/06/2014 Show Full Question >>
Question S4W-21123: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 13/05/2014 Show Full Question >>
Question S4O-03179: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 28/04/2014 Show Full Question >>

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