Delegated Powers and Law Reform Committee
Meeting date: Tuesday, December 1, 2020
Official Report 484KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- European Union (Withdrawal) Act 2018: Instrument Procedure and Category
- European Union (Withdrawal) Act 2018: Instrument Category
- Instruments subject to Made Affirmative Procedure
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instrument not subject to Parliamentary Procedure
Instruments subject to Affirmative Procedure
Plant Health (EU Exit) (Scotland) (Amendment etc) Regulations 2020 [Draft]
Although no points have been raised on the first instrument for consideration under agenda item 5, the committee may wish to note that regulation 26(3)(c) of the draft Plant Health (Amendment etc) (EU Exit) Regulations 2020, laid before the UK Parliament on 15 October, inserts a definition of the “Phytosanitary Conditions Regulation” into Regulation (EU) 2016/2031, rather than regulation 27(2)(c) of the original draft instrument, as stated in the Scottish Government’s response to the committee’s questions. A footnote in the instrument could have explained the insertion of that definition.
Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc) Regulations 2020 [Draft]
No points have been raised on the second instrument for consideration under agenda item 5, a previous version of which was originally laid on 3 November. It was withdrawn after the committee’s legal advisers raised points that needed to be addressed. Those issues have been addressed in the relaid version.
One of the issues was whether it could be made clearer to the reader how the parallel text in the original instrument and an associated United Kingdom statutory instrument applied. The committee may wish to welcome the Scottish Government’s commitment that it will work with the UK Government to produce guidance for stakeholders to further assist their understanding of the legislation.
No points have been raised on the following four draft affirmative instruments.
Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 [Draft]
Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Amendment Order 2020 [Draft]
Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Amendment Regulations 2020 [Draft]
Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 [Draft]
Is the committee content with the instruments, noting the additional points that I have highlighted?
Members indicated agreement.