Delegated Powers and Law Reform Committee
At its meeting on 16 June 2020, the Delegated Powers and Law Reform Committee considered the delegated powers in the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill ("the Bill") as amended at Stage 2.
The Committee submits this report to the Parliament under Rule 9.7.9 of the Standing Orders.
The Delegated Powers and Law Reform Committee published its Stage 1 Report on the Bill on 19 November 2019. The Committee reported that it was content with all of the delegated powers in the Bill.
The Bill completed Stage 2 on 26 May 2020. The Scottish Government has since lodged a Supplementary Delegated Powers Memorandum covering the powers in the Bill as amended at Stage 2.ii
This Government Bill was introduced by the Cabinet Secretary for Environment, Climate Change and Land Reform, Roseanna Cunningham MSP, on 30 September 2019. The lead committee is the Environment, Climate Change and Land Reform Committee.
The Bill amends the Animal Health and Welfare (Scotland) Act 2006, several pieces of wildlife legislation, and the Animal Health Act 1981 for the purposes of further protecting the health and welfare of animals and wildlife in Scotland.
The Committee considered each of the delegated powers in the Bill. The Committee determined that it did not need to draw the attention of the Parliament to the delegated powers in the following provisions:
Section 4 – inserting new section 76A into the Animal Health Act 1981 (fixed penalty notices for certain offences relating to animal health)
Section 10A – Fixed penalty notices for certain wildlife offences
Section 11 – inserting new subsections 32K(4) and (5) into the 2006 Act (forfeiture of compensation)
Section 11 – inserting new section 32L into the 2006 Act (modification of powers over animals)
The Committee therefore reports that it is content with the delegated powers provisions contained in the Bill.