Delegated Powers and Law Reform Committee
Instruments considered under the European Union (Withdrawal) Act 2018
At its meeting on 28 May 2019, the Committee considered the following 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-
Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/169)
Environment (EU Exit) (Miscellaneous Amendments) (Scotland) Regulations 2019 (SSI 2019/175)
Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/178)
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
The Committee 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.
The purpose of the instrument is to preserve the current Common Market Organisation rules on the marketing of horticultural produce (and bananas, which are separately regulated) on exit from the EU.
It does so by making technical corrections to the domestic regulations which set enforcement standards for the marketing of fresh fruit and vegetables in Scotland, to make the legislation function appropriately in the domestic as opposed to EU context.
The Scottish Government has chosen to lay this instrument under the negative procedure and has categorised it as Low in terms of significance under the SSI Protocol.
Recommendations
The Committee recommends to the Rural Economy and Connectivity Committee that the negative procedure is the appropriate scrutiny procedure and that the instrument could appropriately be categorised as Low in terms of its significance under the SSI Protocol.
These Regulations make minor corrections to the Environment (EU Exit) (Scotland)(Amendment etc.) Regulations 2019. The Scottish Government has undertaken to the Parliament to make these corrections before the start of the summer recess.
The Scottish Government has chosen to lay this instrument under the negative procedure and has categorised it as Low in terms of significance under the SSI Protocol.
Recommendations
The Committee recommends to the Environment, Climate Change and Land Reform Committee that the negative procedure is the appropriate scrutiny procedure and that the instrument could appropriately be categorised as Low in terms of its significance under the SSI Protocol.
These Regulations make minor and technical changes to the Environmental Assessment (Scotland) Act 2005 to update cross-references to other legislation and to fix deficiencies arising from the UK’s exit from the EU.
The Scottish Government has chosen to lay this instrument under the negative procedure and has categorised it as Low in terms of significance under the SSI Protocol.
Recommendations
The Committee recommends to the Environment, Climate Change and Land Reform Committee that the negative procedure is the appropriate scrutiny procedure and that the instrument could appropriately be categorised as Low in terms of its significance under the SSI Protocol.
Education and Skills
Abertay University (Scotland) Order of Council 2019 (SSI 2019/163)
Education (Scotland) Act 1980 (Modification) Regulations 2019 (SSI 2019/179)
Economy, Energy and Fair Work
Electricity (Applications for Consent and Variation of Consent) (Fees) (Scotland) Regulations 2019 (SSI 2019/176)
Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019 (SSI 2019/173)
Environment, Climate Change and Land Reform
Scottish Crown Estate Act 2019 (Commencement No. 1) Regulations 2019 (SSI 2019/170)
Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/178)
Justice
Presumption Against Short Periods of Imprisonment (Scotland) Order 2019 (SSI 2019/draft)
Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2019 (SSI 2019/172)
Rural Economy and Connectivity
A90 Trunk Road (Aberdeen Western Peripheral Route) (Stonehaven to Blackdog) (Prohibitions and Restrictions) Regulations 2019 (SSI 2019/166)
A956 Trunk Road (Aberdeen western Peripheral Route) (Cleanhill to Charleston) (Prohibitions and Restrictions) Regulations 2019 (SSI 2019/167)
Motorways Traffic (Scotland) Amendment Regulations 2019 (SSI 2019/168)
Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) Amendment Regulations 2019 (SSI 2019/169)