Delegated Powers and Law Reform Committee

Meeting date: Tuesday, June 2, 2020

Official Report 443KB pdf

Instruments subject to Negative Procedure

Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (SSI 2020/157)

The first instrument for consideration under agenda item 4 is SSI 2020/157, which makes temporary modifications to suspend the requirements to make information or documentation available for inspection in a public place, to provide hard copies of environmental impact assessment reports and to hold public events during the coronavirus emergency period.

The instrument was laid before the Parliament on 20 May and came into force on the same day, which does not respect the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument. The committee is therefore required under standing orders to draw the instrument to the attention of the Parliament on reporting ground (j), for its failure to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j)?

Members indicated agreement.

The committee also considers the reasons for breaches of the 28-day rule, which in this case are set out in a letter to the Presiding Officer that is dated 20 May 2020. The letter explains that it was considered necessary to bring the modifications in question into force as soon as possible, given the sudden nature of the pandemic and the major consequences of its associated impacts on business. The letter states that that will support future economic and societal recovery; ensure consistency of approach across the planning and energy consents systems and thus provide certainty for applicants and the public; and maintain the ability of Marine Scotland’s licensing operations team to continue to process applications efficiently.

Is the committee content with the reasons that have been given for the failure to comply with section 28(2) of the 2010 act?

Members indicated agreement.

Food Information and Addition of Vitamins, Minerals and Other Substances (Scotland) Amendment Regulations 2020 (SSI 2020/156)

No points have been raised on SSI 2020/156. Is the committee content with the instrument?

Members indicated agreement.