Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 12, 2019

Official Report 463KB pdf

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Instruments subject to Affirmative Procedure

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Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2019 [Draft]

The first instrument for consideration under agenda item 3 relates to the assessment of the environmental impact of electricity generating stations situated in the Scottish part of the renewable energy zone. As a Scotland Act 1998 order, it is also being considered in each house at Westminster.

The order contains a minor drafting error relating to the citation of the Scotland Act 1998. Full details can be found in our correspondence with the Government, which is included in our published papers. It appears that there is currently no need to correct the minor error, but if the order requires to be amended at a later date, the Scottish Government has undertaken to work with the United Kingdom Government to adjust the provision.

Does the committee wish to draw the order to the attention of the Parliament under the general reporting ground, as it contains a minor drafting error in article 4(1)?

Members indicated agreement.

There are a further two draft affirmative instruments on our agenda, and we must undertake the technical scrutiny of the forestry regulations that we looked at under item 2.

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Motor Sport on Public Roads (Scotland) Regulations 2019 [Draft]

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Plant Health (EU Exit) (Scotland) (Amendment etc) Regulations 2019 [Draft]

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Forestry (EU Exit) (Scotland) (Amendment etc) Regulations 2019 [Draft]

No points have been raised by our advisers on the instruments, but it is worth highlighting that the forestry regulations and the plant health regulations have been relaid by the Scottish Government to correct a couple of errors.

Is the committee content with the instruments?

Members indicated agreement.