Delegated Powers and Law Reform Committee
Meeting date: Tuesday, January 12, 2021
Official Report 491KB pdf
Contents
- Attendance
- Interests
- Deputy Convener
- European Union (Withdrawal) Act 2018: Instrument Procedure and Category
- Instruments subject to Made Affirmative Procedure
- Instrument subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 (SSI 2020/424)
The first instrument for consideration under agenda item 6 is SSI 2020/424. The Scottish Government agrees that the Advice and Assistance (Scotland) Regulations 1996 have been incorrectly cited in the title of regulation 2, and in regulation 2(1), as the “Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996”.
Does the committee agree to draw the instrument to the attention of the Parliament on the general reporting ground, and does it wish to note that the Scottish Government intends to take corrective action to amend that error at the next available legislative opportunity?
No member has indicated that they are not content, so that is agreed.
Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc) Regulations 2020 (SSI 2020/445)
The second negative instrument for consideration is SSI 2020/445. There has been a failure to lay the instrument in accordance with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, as the instrument breaches the 28-day rule. The Scottish Government has written to the Presiding Officer to explain why the 28-day rule has not been complied with.
Does the committee agree to draw the instrument to the attention of the Parliament on reporting ground (j), while noting that it is satisfied with the explanation that has been given for the failure to comply with the 28-day rule?
No member has indicated that they are not content, so that is agreed.
No points have been raised on the following seven negative instruments.
Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Amendment Regulations 2020 (SSI 2020/434)
Charities (Disclosure of Information to Designated Bodies) (Scotland) Order 2020 (SSI 2020/435)
Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 (SSI 2020/437)
Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2020 (SSI 2020/440)
Fish Farming Businesses (Reporting) (Scotland) Order 2020 (SSI 2020/447)
Children’s Hearings (Provision of Information by Principal Reporter) (Specified Persons) (Scotland) Regulations 2020 (SSI 2020/449)
Census (Scotland) Amendment Regulations 2020 (SSI 2020/450)
Is the committee content with the instruments?
No member has indicated that they are not content, so that is agreed.