Delegated Powers and Law Reform Committee
At its meeting on 13 June, the Committee considered the following instrument under its remit and agreed to draw it to the attention of the Parliament:
Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023 (SSI 2023/161)
The Committee's recommendations in relation to this instrument are set out in the next section of this report.
The Committee also determined that, in terms of its remit, it did not need to draw the Parliament's attention to the instruments at the end of the report.
Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023 (SSI 2023/161)
The purpose of the instrument is to list offences in relation to which Compliance Notices may be used as an alternative to criminal proceedings, as set out in the Food (Scotland) Act 2015.
The Committee identified a cross-referencing error in paragraph 33 of the schedule to the instrument.
The Scottish Government accepted this is a cross-referencing error and has undertaken to rectify it at the earliest available opportunity.
A copy of the correspondence can be found in the Annex.
The lead committee for this instrument is the Health, Social Care and Sport Committee.
The Committee draws the instrument to the attention of the Parliament under the general reporting ground for a cross-referencing error, in that Paragraph 33 of the schedule should refer to regulation 4 of the Novel Foods (Scotland) Regulations 2017 instead of regulation 6(2).
The Committee also noted that the Scottish Government intends to correct this error by amendment at the earliest available opportunity.
Criminal Justice Committee
Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (European Union (Future Relationship) Act 2020) 2023 (SSI 2023/169)
Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Early Expiry of Provisions) Regulations 2023 (SSI 2023/172)
Education, Children and Young People Committee
Lews Castle College (Transfer and Closure) (Scotland) Order 2023 (SSI 2023/171
Equalities, Human Right and Civil Justice Committee
Act of Sederunt (Fees of Solicitors in the Court of Session, Sheriff Appeal Court and Sheriff Court) (Taxation of Judicial Expenses Rules) (Amendment) 2023 (SSI 2023/165)
Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Attendance at Hearings) (SSI 2023/168)
Health, Social Care and Sport Committee
National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2023 (SSI 2023/173)
Local Government, Housing and Planning Committee
Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Date) Regulations 2023 (SSI 2023/Draft)
Valuation Timetable (Scotland) Amendment (No. 2) Order 2023 (SSI 2023/166)
Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023 (SSI 2023/161)
On 31 May 2023, the Committee asked the Scottish Government:
The schedule to the instrument specifies relevant offences in relation to which a compliance notice may be issued under section 42 of the Food (Scotland) Act 2015. Paragraph 33 of the schedule specifies “regulation 6(2) (as read with Articles 24 and 35(2))” of the Novel Foods (Scotland) Regulations 2017. Is this an incorrect cross-reference?
Please confirm whether any corrective action is proposed, and if so, what action and when.
On 6 June 2023, the Scottish Government responded:
Thank you for bringing this incorrect cross-reference to our attention. The cross-reference should be to regulation 4 of the Novel Foods (Scotland) Regulations 2017 rather than regulation 6(2). We propose to correct the error by amendment at the earliest available opportunity.