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Chamber and committees

Delegated Powers and Law Reform Committee

Subordinate legislation considered by the Delegated Powers and Law Reform Committee on 29 January 2019

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Introduction

Instruments considered under the European Union (Withdrawal) Act 2018

  1. At its meeting on 29 January 2019, the Committee considered the undernoted instruments under the protocol agreed between the Scottish Government and the Scottish Parliament in respect of SSIs made using the powers under the European Union (Withdrawal) Act 2018.

    Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019 (SSI 2019/6)

    Aquatic Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/9)

    Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 [draft]

  1. The Committee's recommendations and conclusions in relation to these instruments are set out in the following sections of this report.

Technical scrutiny of instruments

  1. The Committee also determined that it did not need to draw the Parliament's attention to the instruments set out by the relevant lead committee at the end of this report.

Instruments considered under the SSI Protocol under the European Union (Withdrawal) Act 2018

Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019 (SSI 2019/6) (Justice)

  1. The purpose of this instrument is to correct deficiencies in licensing legislation arising from the withdrawal of the UK from the EU.

  1. The Scottish Government has chosen to lay this instrument under the negative procedure.

  1. The Scottish Government has categorised the instrument as of medium significance under the Protocol on account of the consequences which would arise if the amendments were not made in time and the legislation ceased to function as intended. However, the Committee considers that these changes are minor and technical.

  1. Accordingly, the Committee considers that the instrument may be categorised as being of low significance as it is clear that there is no significant policy decision for Ministers to make.

Recommendations

  1. The Committee recommends to the Justice Committee that the negative procedure is the appropriate scrutiny procedure for the Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019 (SSI 2019/6).

  1. The Committee recommends to the Justice Committee that the Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019 (SSI 2019/6) be categorised as "low" in terms of their significance under the SSI Protocol.

Aquatic Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/9) (Rural Economy and Connectivity)

  1. The purpose of this instrument is to provide the necessary technical corrections to regulations relating to aquatic animal health and aquaculture regulations.

  1. The Scottish Government has chosen to lay this instrument under the negative procedure and has categorised it as of low significance under the Protocol.

  1. The Committee agreed with the scrutiny procedure and categorisation level in respect of this instrument.

Recommendations

  1. The Committee recommends to the Rural Economy and Connectivity Committee that the negative procedure is the appropriate scrutiny procedure for the Aquatic Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/9).

  1. The Committee recommends to the Rural Economy and Connectivity Committee that the Aquatic Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/9) be categorised as "low" in terms of their significance under the SSI Protocol.

Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 [draft] (Economy, Energy and Fair Work)

  1. The general purpose of this instrument is to address deficiencies in retained EU law relating to public procurement which arise from the UK's withdrawal from the EU.

  1. The Scottish Government has laid the instrument under the affirmative procedure, as required by the European Union (Withdrawal) Act 2018.

  1. The instrument has been categorised by the Scottish Government as of medium significance under the Protocol on the grounds that it is largely concerned with technical detail and does not seek to change the effect of the underlying legislation. However,the Committee considers that some provisions create or amend powers to legislate, including transfer of some EU legislative powers to Scottish Ministers.

  1. Accordingly, the Committee considers that the instrument may be categorised as of high significance under the Protocol.

Recommendation

  1. The Committee recommends to the Economy, Energy and Fair Work Committee that the Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 [draft] be categorised as "high" in terms of their significance under the SSI Protocol.

No points raised

Economy, Energy and Fair Work

Electronic Invoicing (Public Contracts etc.) Amendment (Scotland) Regulations 2019 (SSI 2019/7)

Justice

Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019 (SSI 2019/6)

Rural Economy and Connectivity

Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 [draft]

Aquatic Animal Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/9)

Social Security

Funeral Expense Assistance (Scotland) Regulations 2019 [draft]

Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 [draft]

Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019 [draft]