Delegated Powers and Law Reform Committee

Meeting date: Tuesday, January 17, 2017

Official Report 316KB pdf

Instruments subject to Negative Procedure

Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 (SSI 2016/434)

The regulations implement Commission directives 2016/11 and 2016/317 and Commission decision 2016/320. Among other things, the regulations amend the Seed (Licensing and Enforcement etc) (Scotland) Regulations 2016 (SSI 2016/68) to correct drafting errors that were identified by our predecessor committee on 23 February 2016.

The meaning of regulation 8(3) of SSI 2016/434 could be clearer in so far as it amends regulation 15(2) of SSI 2016/68 to include the words

“the person refused a licence”

when no formal decision will have been taken to refuse the licence. Accordingly, does the committee agree to draw SSI 2016/434 to the Parliament’s attention under reporting ground (h)?

Members indicated agreement.

The Scottish Government has given an undertaking to further amend regulation 15(2) of SSI 2016/68 at the next available opportunity to make the provision clearer. Does the committee agree to welcome that undertaking?

Members indicated agreement.

At the same time, does the committee agree to note that it is not wholly satisfactory that a further amending instrument is required to correct regulation 15(2) of SSI 2016/68, when regulation 8(3) of SSI 2016/434 sought to amend the defective drafting in relation to regulation 15(2) that the committee highlighted, and that the amendment in regulation 8(3) of SSI 2016/434 was not made before SSI 2016/68 came into force on 1 July 2016, although the committee encouraged the Scottish Government to it before then?

Members indicated agreement.

Licensing of Relevant Permanent Sites (Scotland) Regulations 2016 (SSI 2016/433)

No points have been raised by our legal advisers on the instrument. Is the committee content with it?

Members indicated agreement.