Delegated Powers and Law Reform Committee

Meeting date: Tuesday, December 17, 2019

Official Report 506KB pdf

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

Public Procurement etc (Scotland) (Amendment) (EU Exit) Amendment (No 2) Regulations 2019 (SSI 2019/414)

Agenda item 3 is consideration of two Scottish statutory instruments that have been laid under the European Union (Withdrawal) Act 2018. We are considering the scrutiny procedure under which they have been laid and the categorisation that the Scottish Government has applied.

SSI 2019/414 has been laid under the negative procedure and has been categorised as being of low significance. It makes minor and technical amendments to the Public Procurement etc (Scotland) (Amendment) (EU Exit) Regulations 2019 (SSI 2019/112) that do not amount to a policy change. Our advisers indicate that the scrutiny procedure and categorisation could be appropriate. Are members content with that?

Members indicated agreement.

Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/415)

SSI 2019/415 has been laid under the negative procedure and has been categorised as being of low significance. It makes minor and technical amendments to provisions on environmental impact assessments that, on exit day, will become retained EU law.

Again, our advisers indicate that the scrutiny procedure and categorisation could be appropriate. Are members content with that?

Members indicated agreement.