Delegated Powers and Law Reform Committee
Meeting date: Tuesday, June 14, 2016
Official Report 320KB pdf
Contents
- Attendance
- Interests
- Convener
- Deputy Convener
- Working Practices
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Common Agricultural Policy (Direct Payments etc) (Scotland) Amendment (No 2) Regulations 2016 (SSI 2016/178)
We move to agenda item 5, which is on instruments subject to negative procedure.
This instrument fails to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. It was laid before the Parliament on 17 May 2016 and came into force on 18 May 2016, and it therefore 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.
Does the committee agree to draw the instrument to the attention of the Parliament under reporting ground (j), as it has failed to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?
Members indicated agreement.
Being mindful of the reasons provided by the Minister for Parliamentary Business in his letter to the Presiding Officer dated 17 May 2016 for proceeding in this manner, does the committee agree to find the failure to comply with section 28 to be acceptable in the circumstances?
Members indicated agreement.
Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment Regulations 2016 (SSI 2016/187)
The instrument amends the list of police stations that are prescribed for the purposes of the notification requirements in the Sexual Offences Act 2003.
Our legal advisers raised an informal query with the Scottish Government regarding the postcodes of five of the police station addresses amended or inserted by the instrument. Those postcodes appeared to be incorrect when compared with details for the police stations held by Royal Mail. The Scottish Government responded to say that the postcodes identified had been checked by Police Scotland again, and it confirmed that they are indeed inaccurate.
Does the committee agree to draw the instrument to the Parliament’s attention under the general reporting ground, in respect that, first, there are errors in the police station postcodes substituted by regulations 2(2)(m), (n) and (o); and, secondly, there are errors in the postcodes in the entries for Helensburgh police station and Keith police station, as inserted by regulation 2(2)(p)?
Members indicated agreement.
Does the committee also agree to note that the Scottish Government intends to correct the errors by further amending the Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Regulations 2014 at the first opportunity?
Members indicated agreement.
Air Weapons Licensing (Scotland) Regulations 2016 (SSI 2016/188)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Food Information (Scotland) Amendment Regulations 2016 (SSI 2016/191)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.