Delegated Powers and Law Reform Committee
At its meeting on 17 November 2020, the Committee considered the following instruments under the SSI 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:
the Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (SSI 2020/367);
the Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (SSI 2020/draft); and
the Common Agricultural Policy (Less Favoured Area Support) (EU Exit) (Scotland) Amendment Regulations 2020 (SSI 2020/draft).
The Committee's recommendations in relation to these instruments is set out in the following section of this report.
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.
Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (SSI 2020/367)
Purpose
These Regulations amend domestic legislation concerning technical conservation measures relating to sea fisheries. A number of amendments are made to subordinate legislation to reflect the coming into force of Regulation (EU) 2019/1241 of the European Parliament and of the Council.
The Regulations are made under provisions of both the European Union (Withdrawal) Act 2018 (the “2018 Act”) and the European Communities Act 1972. Powers under the 2018 Act are only used to make Regulation 7(3) of this instrument which revokes amendments made by the Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 to remedy deficiencies arising from the withdrawal of the United Kingdom from the European Union.
Committee consideration of the scrutiny procedure under which it has been laid and the categorisation applied by the Scottish Government.
The instrument has been laid under the negative procedure and has been categorised by the Scottish Government as of low significance under the SSI Protocol.
The Committee is content that the use of the negative procedure is appropriate in these circumstances.
The Committee is also content that the instrument should be categorised as low in terms of its significance under the SSI Protocol.
Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (SSI 2020/draft)
Purpose
These regulations deal with deficiencies in retained EU law and implement Part 3 (separation issues) of the Withdrawal Agreement between the EU and the UK. They revoke the Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019, the Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019, and the Public Procurement etc. (Scotland) (Amendment) (EU Exit) (Amendment) (No. 2) Regulations 2019. They also amend the Public Contracts (Scotland) Regulations 2015, the Utilities Contracts (Scotland) Regulations 2016 and the Concession Contracts (Scotland) Regulations 2016, which currently implement the EU Procurement Directives in domestic legislation. It also amends the Procurement Reform (Scotland) Act 2014, and the Procurement (Scotland) Regulations 2016 made under that Act.
Committee consideration on how the instrument has been categorised by the Scottish Government
The instrument has been categorised by the Scottish Government as of high significance under the SSI Protocol. Although it deals with a large amount of technical detail, it does transfer a number of functions, including legislative powers, to the Scottish Ministers.
The Committee is content that the instrument should be categorised as high in terms of its significance under the SSI protocol.
Common Agricultural Policy (Less Favoured Area Support) (EU Exit) (Scotland) Amendment Regulations 2020 (SSI 2020/draft)
Purpose
This instrument is made under the enabling powers in two separate Acts:
The European Union (Withdrawal) Act 2018, the deficiency-correcting poweri
The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (“the 2020 Act”)
Committee consideration on how the instrument has been categorised by the Scottish Government
The Committee only considered the deficiency-correcting element of the instrument.
The deficiency being corrected is in the Less Favoured Area Support Scheme (Scotland) Regulations 2010 (“the LFASS Regulations”): a reference to “exit day” is amended to refer to "IP completion day".
The deficiency has been categorised by the Scottish Government as of low significance under the SSI Protocol.
The Committee is content that, in relation to the deficiency-correcting provision, the instrument should be categorised as low in terms of its significance under the SSI protocol.
Health and Sport Committee
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 21) Regulations 2020 (SSI 2020/354)
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 22) Regulations 2020 (SSI 2020/358)
Justice Committee
Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Amendment Order 2020 (SSI 2020/361)
Rural Economy and Connectivity Committee
Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (SSI 2020/367)