 Bwrth gtwoffsgol o gael iawn, mae gennym ni'n gweithio i ddeallurau amddangosol a ddegwyd drwsgol a'r regin i gyllud eich ddweud ar y Prifysgol Llywodraeth. Mae gennym ni'n gweithio i ddegwyd drwsgol i ddegwyd ar y Prifysgol i ddegwyd drwsgol a'r Le Wir, Feidl Llywodraeth Cymru. Mae gennym ni'n gweithio i ddegwyd drwsgol i gweithio i ddegwyd drwsgol i ddegwyd drwsgol ac mae'n gweithio i ddegwyd drwsgol i'r brwyng, maen nhw, Monica Lennon, to the committee. She attended last week as a substitute and has now been appointed to full member of the committee, so I welcome her to her first meeting in that capacity. Welcome, Monica. Going straight to the agenda item, one is the consolidation of instruments subject to affirmative procedure. The first three instruments that we have before us today are part of a package of instruments on the First Tier Tribunal for Scotland. I wish to bring to the committee's attention that these draft regulations were initially laid on 19 August, but were withdrawn and relayed on 8 September to address drafting errors identified by our legal advisers. The frequency with which instruments were withdrawn, particularly in the latter part of the last session, was of considerable concern to our predecessor committee. I hope that this situation is an isolated incident and it is not reflective of a continuation of a trend from last session. It is simply not satisfactory for instruments laid before the Parliament to be in such a poor condition that they require to be withdrawn. There are now no points to raise on these instruments, which are the draft First Tier Tribunal for Scotland transfer of functions of the homeowner housing panel regulations 2016, the draft First Tier Tribunal for Scotland transfer of functions of the private rented housing panel regulations 2016, the draft First Tier Tribunal for Scotland transfer of functions of the private rented housing committees regulations 2016. Also, no points have been raised by our legal advisers on the remaining affirmative instruments relating to tribunals on our agenda. Those instruments are the draft First Tier Tribunal for Scotland housing and property chamber at Upper Tribunal for Scotland composition regulations 2016, the draft tribunal's offences in relation to proceedings and regulations 2016, the draft First Tier Tribunal for Scotland chambers regulations 2016 and the draft First Tier Tribunal for Scotland transfer of functions of the homeowner housing committees regulations 2016. Furthermore, no points have been raised by our legal advisers on the following instruments. The draft prohibited procedures on protected animals exemptions Scotland amendment regulations 2016, the draft council tax substitution of proportion Scotland order 2016, the draft climate change annual targets Scotland order 2016 and the draft climate change limit on use of carbon units Scotland order 2016. Is the committee content with these instruments? Thank you. Now move to agenda item 2, which is consideration of instruments subject to negative procedure. The first instrument is the Scottish Tribunal's time limits regulations 2016 SSI 2016-231. There is a discrepancy between the provision in regulation 2.4 of the regulations and the provision in rule 29.3 of the upper tribunal for Scotland rules of procedure as contained in the schedule to the upper tribunal rules of procedure regulations 2016 SSI 2016-232. Rule 29.3 of the upper tribunal rules applies where the upper tribunal gives its decision orally at a hearing and does not provide written reasons for its decision. The rule provides that parties seeking written reasons must request those reasons within 14 days of the oral decision. It does not require the request for written reasons to be in writing. Regulation 2.4 of the regulations provides that where a decision of the upper tribunal is given orally at a hearing and a party requests written reasons in writing within 14 days, the relevant date from which the 30-day period for permission to appeal begins to run, is the date on which written reasons were sent. Where written reasons are requested within 14 days but are not so requested in writing, the relevant date is the date of the oral hearing. The Scottish Government's response acknowledges that there is an anomaly between the two sets of provisions in that the upper tribunal rules do not require a request for reasons to be made in writing. The Scottish Government proposes to amend rule 29.3 of the upper tribunal rules by amending regulations to come into force on 1 December 2016 to require requests for written reasons to be in writing. The committee notes the Scottish Government's intention to amend that rule and welcomes that. Does the committee wish to draw the instrument to the Parliament's attention under the general reporting ground? Many thanks. Separately, the committee may wish to note that the interaction between provision in the regulations on the time limit for permission to appeal a first-tier tribunal decision and the period required for any review of that decision will not be cleared until the Scottish Government brings forward rules or procedure for the first-tier tribunal. The committee does not draw that matter to the Parliament's attention in terms of its reporting grounds. However, does the committee wish to indicate to laying authorities that where two instruments cross-refer to one another or otherwise make provision which is dependent on provision to be made in another instrument, it would be extremely helpful to the committee if both instruments could be laid before Parliament at the same time or otherwise made available to the committee? Do we agree to that? The next instrument in our agenda is Council Tax Scotland Amendment No. 2, regulations 2016-253. Our legal advisers consider that the regulations raise a devolution issue as they may relate to matters which are reserved by section F1 of part 2 of schedule 5 to the Scotland Act 1998. The regulations raise a devolution issue for the same reasons as were set out in the legal advisers recommendations on the Council Tax Reduction Scotland Regulations 2012, SSI 2012-303 and the Council Tax Reduction State Pension Credit, Scotland Regulations 2012, SSI 2012-319. It appears to our legal advisers that the regulations further the implementation of the schemes established by the Council Tax Reduction Scotland Regulations 2012 and the Council Tax Reduction State Pension Credit, Scotland Regulations 2012. In particular, that is done in two ways. Firstly, there is an uprating of an amount of child allowance that is used in those principal regulations in the calculation of Council Tax Reduction, which a claimant is entitled to receive. Secondly, further provision for reduction is made in respect of households living in higher-band houses but with a weekly net income below a specified level where the council tax rate for a property is within the tax bands E to H. Those amendments are consistent with the original purpose of the principal regulations. It is recognised that the Scottish Government takes a contrary view. Do members have any comments? In terms of the Scottish Government's position, I would assume that the Scottish Government will have had legal advice to allow them to come to the contrary view that the committee advisers actually have. Yes. I dare say that we have our legal advisers too, and it is not undoing for the Scottish Government legal advice to differ from the legal advice given to this committee. That is one such example. I have to say that it has very often been the case, I think, that it is recorded in our statistics that, in well, something like 75 per cent of the time, the Scottish Government has actually accepted the advice of the legal advisers to this committee, but in this case they have chosen not to. Also, convener, in terms of what you had to say, this is not the first time that this situation has arisen, or in this particular set of regulations either? No. There has been a division in the committee since the regulations were first introduced in either 2012 or 2013. I cannot remember which, but you are absolutely right in what you say. Anyone else get anything that they want to say at this point? So, the question is then, does the committee wish to draw the regulations to the attention of Parliament on reporting grounds F on the basis that they raise a devolution issue? No. Right. In that case, I will put a motion to the committee, and thereafter I would invite you to vote on that motion, as we are not agreed. The proposition is that the committee considers that the regulations raise a devolution issue and should be drawn to the regulations of the Parliament on that basis, are we agreed? Those in favour of that proposition, please raise their hands. Those against? Thank you very much. So, on that basis, the proposition is agreed to, and we will therefore draw the regulations to the attention of the Parliament on reporting grounds F. Thank you very much. Moving on to the next instruments on our agenda, no points have been raised by our legal advisers on upper tribunal for Scotland rules of procedure regulations 2016, SSI 2016 slash 232, the road traffic permitted parking area and special parking area at Highland Council designation order 2016, SSI 2016 slash 245, parking attendance, wearing of uniforms, Highland Council parking unit regulations 2016, SSI 2016 slash 246, the road traffic parking adjudicators, Highland Council regulations 2016, SSI 2016 slash 247 and the Scottish Fire and Rescue Service framework order 2016, SSI 2016 slash 249, further, the water instrument shelfish water protected areas designation Scotland order 2016, SSI 2016, 251. Is the committee content with these instruments? Agenda item 3 is the consideration of instruments not subject to any parliamentary procedure and no points have been raised by our legal advisers on the following instruments, which is the act of CDERN registration appeal court 2016, SSI 2016 slash 241, or on the act of CDERN rules of the court of session 1994 and share of court rules amendment number 3, miscellaneous 2016, SSI 2016 slash 242, or on the act of CDERN fitness assessment tribunal rules 2016, SSI 2016 slash 244, or the land reform Scotland act 2016, commencement number 2 and transitory provisions regulations 2016, SSI 2016 slash 250, C21 clothes brackets. Is the committee content with these instruments? Thank you very much. I'm glad that you are content. That concludes the committee's business for today. I now close this meeting. Thank you all for your attendance.