The first instrument for consideration under item 3 is SSI 2019/232, which amends SSI 2019/193 in light of the committee’s report on that instrument of 18 June. The amendment is technical in nature and does not change the policy intention. It seeks to clarify particular provisions in relation to offences.
Because the instrument was laid before the Parliament on 27 June and came into force on 11 August, it did not meet 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. The reasons for the failure to comply with that requirement are outlined in the letter from the Scottish Government to the Presiding Officer of 27 June, which is available in our published papers.
Is the committee content that the failure to comply with section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 is acceptable in the circumstances?
Members indicated agreement.