Delegated Powers and Law Reform Committee
At its meeting on 21 September 2021, the Committee considered the following instrument 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:
Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) Regulations 2021 (SSI 2021/297).
The Committee's recommendations in relation to this instrument are set out in the next section of the report.
The Committee also determined that it did not need to draw the Parliament's attention to the instruments and documents set out at the end of this report.
Committee consideration of the scrutiny procedure under which an instrument has been laid and the categorisation applied by the Scottish Government
Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) Regulations 2021 (SSI 2021/297)
The instrument amends:
the Official Controls (Extension of Transitional Periods) Regulations 2021 by extending the transitional period relating to checks on imports of certain types of product arriving in Scotland to 28 February 2022; and
the Trade in Animals and Related Products (Scotland) Regulations 2012 providing for the official controls to be carried out at any appropriate place rather than at the place of destination as previously provided for (regulation 3).
The Committee only considered this instrument for its procedure and categorisation in relation to the provision made in regulation 3 of the instrument, because that was the only provision in the instrument that was made using powers under the under the European Union (Withdrawal) Act 2018 ("the 2018 Act").
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 in relation to the provision made under the 2018 Act.
The Committee also noted that the instrument allows checks to be carried out on animals and related products at an appropriate place rather than, as required at present, at the place of destination of the goods. However, it was unclear why this should be the case and there may be concern from some stakeholders in relation to this matter.
While the Committee acknowledged that this is a policy matter for the lead committee to consider, it agreed to highlight these wider points to the Rural Affairs, Islands and Natural Environment Committee .
The Committee is content that the use of the negative procedure is appropriate for the 2018 Act element of this instrument.
The Committee is also content that the provision in the instrument that is made under the 2018 Act is of low significance under the SSI Protocol.
COVID-19 Recovery Committee
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 18) Regulations 2021 (SSI 2021/307)
Coronavirus Act 2020 (Suspension: Children and Young Persons Social Care) (Scotland) Regulations 2021 (SSI 2021/315)
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 19) Regulations 2021 (SSI 2021/319)
Education, Children and Young People Committee
Redress for Survivors (Historical Child Abuse in Care) (Reimbursement of Costs and Expenses) (Scotland) Regulations 2021 (SSI 2021/312)
Redress for Survivors Historical Child Abuse in Care) (Payment of Legal Fees) (Scotland) Regulations 2021 (SSI 2021/313)
Equalities, Human Rights and Civil Justice Committee
Act of Sederunt (Registration Appeal Court) 2020 (SSI 2021/309)
Local Government, Housing and Planning Committee
Code of Conduct for Councillors (SG/2021/229)
Net Zero, Energy and Transport Committee
UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (Commencement No. 2) Regulations 2021 (SSI 2021/304 (C.18))
Carbon Accounting Scheme (Scotland) Amendment Regulations 2021 (SSI 2021/318)
Rural Affairs, Islands and Natural Environment Committee
Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) Regulations 2021 (SSI 2021/297)
Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (Commencement No. 3 and Transitional Provision) Regulations 2021 (SSI 2021/303 (C.17))
Scottish Crown Estate Act 2019 (Commencement No. 3) Regulations 2021 (SSI 2021/308 (C.19))
Social Justice and Social Security Committee
Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (SSI 2021/draft)
Social Security (Claims and Payments) (Miscellaneous Amendments) (Scotland) Regulations 2021 (SSI 2021/305)
Standards, Procedures and Public Appointments Committee
Representation of the People (Postal Voting for Local Government Elections) (Scotland) Amendment Regulations 2021 (SSI 2021/draft)
Scottish Local Government Elections Amendment Order 2021 (SSI 2021/draft)
Representation of the People (Variation of Limits of Candidates’ Local Government Election Expenses) (Scotland) Order 2021 (SSI 2021/310)
Scottish Elections (Reform) Act 2020 (Commencement No. 3 and Transitional Provision) Regulations 2021 (SSI 2021/311 (C.20))
Model Code of Conduct for Members of Devolved Public Bodies (SG/2021/230)
Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) Regulations 2021 (2021/297)
The Scottish Government was asked:
The Protocol on the scrutiny of SSIs made using powers under the European Union (Withdrawal) Act provides at paragraph 28 that SSIs made under this Act must include a statement setting out the Scottish Ministers’ reasons for their choice of procedure to attach to the regulations. This was not included within the Policy Note. Could this please be provided?
The Scottish Government responded:
Negative procedure is considered appropriate as regulation 3 makes minor amendments to provisions for the transitional staging period provided for in schedule 5 of the Trade in Animals and Related Products (Scotland) Regulations 2012. It is also considered appropriate because the powers under Article 144(6) of, and paragraph 2 of Annex 6 to, Regulation (EU) 2017/625 to make provision incidental and supplementary to appointing the end date of the transitional staging period (and which the powers under the European Union (Withdrawal) Act 2018 are being exercised together with) are subject to negative procedure. Regulation 3 does not include provisions which fall within paragraph 1(2) of schedule 7 of the European Union (Withdrawal) Act 2018.