Delegated Powers and Law Reform Committee
At its meeting on 16 June 2020, the Delegated Powers and Law Reform Committee considered the following instruments and agreed to draw them to the attention of the lead committee:
Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (SSI 2020/169)
Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020 (SSI 2020/170)
The Committee's conclusions in relation to these instruments are set out later in the 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.
Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (SSI 2020/169)
Purpose
This instrument requires those returning to Scotland from international travel to provide personal and travel information to the Secretary of State and to self-isolate at a specified address for 14 days upon their return.
Committee Consideration
There are three references to regulation 7(1) in this instrument. This is an error as there is no sub paragraph (1) in regulation 7.
There are also three references to paragraph 38 of schedule 2 in these regulations. This is also an error as there is no paragraph 38 of schedule 2 in these regulations. Such references should refer to paragraph 37 of schedule 2.
Regulation 6(6) makes reference to regulation 10(4) of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020. This is an error as the reference to regulation 10(4) should be a reference to regulation 9(6) of these regulations.
Finally, regulation 12 of these regulations states that offences under 9(1) and 9(2) attract a fixed penalty notice of £480. This is an error as the policy intention is that offences under 9(1), (2), (3) and (4) all attract such a penalty notice.
The Committee reports this instrument to the lead committee, the Health and Sport Committee, under the general reporting ground in respect of these errors.
The Committee notes the Scottish Government’s commitment to issue a correction slip in respect of the references to paragraph 38 of schedule 2 and the reference to regulation 10(4) in regulation 6(6).
The Committee also notes that the Scottish Government has laid an amending instrument in respect of the error in regulation 12.
Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020 (SSI 2020/170)
Purpose
The purpose of this instrument is to impose requirements on persons operating commercial services for international passengers travelling to Scotland by sea and air from outside the common travel area.
Operators are required to ensure that passengers who arrive in Scotland have been provided with certain public health information in relation to the Coronavirus. The instrument provides that it is an offence to breach its requirements.
Committee Consideration
The definition of “required information” in regulation 2 of this instrument has been duplicated erroneously.
There is also a cross referencing error in regulation 6(5). The description of a reasonable excuse in regulation 6(5) should contain a reference to paragraph (4) rather than paragraph (5).
There is a further error in paragraph 3(d) of the schedule, where the word “certain” has been included in error.
The Committee reports this instrument to the lead committee, the Health and Sport Committee, under the general reporting ground in respect of these errors.
The Committee notes the Scottish Government’s commitment to issue a correction slip in respect of the reference to paragraph (5) in regulation 6(5).
Health and Sport Committee
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2020 (SSI 2020/171)
Justice Committee
Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020 (SSI 2020/draft)
Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 Commencement No. 3) Regulations 2020 (SSI 2020/167 (C.16))
Rural Economy and Connectivity Committee
Marking of Creels (Scotland) Order 2020 (SSI 2020/168)