Delegated Powers and Law Reform Committee

Meeting date: Tuesday, November 17, 2020

Official Report 448KB pdf

European Union (Withdrawal) Act 2018: Instrument Procedure and Category

Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc) Regulations 2020 (SSI 2020/367)

Agenda item 2 is consideration of an instrument that has been made under the powers under the European Union (Withdrawal) Act 2018, among other powers. The committee is looking at the instrument under the Scottish statutory instrument protocol, in relation to the provision made in exercise of the powers in the 2018 act, so we are considering the scrutiny procedure under which it has been laid and the categorisation that the Scottish Government has applied.

The instrument amends domestic legislation concerning technical conservation measures that relate to sea fisheries. It has been laid under the negative procedure and has been categorised by the Scottish Government as being of low significance.

Our advisers consider that the use of the negative procedure is appropriate in the circumstances. Is the committee content that the appropriate scrutiny procedure has been applied to the instrument?

Members indicated agreement.

Our advisers consider that the instrument has been properly categorised by the Scottish Government as being of low significance under the SSI protocol. Is the committee content that the instrument has been properly categorised as being of low significance?

Members indicated agreement.