Delegated Powers and Law Reform Committee
Meeting date: Tuesday, January 19, 2021
Official Report 475KB pdf
Contents
- Attendance
- European Union (Withdrawal) Act 2018: Instrument Procedure and Category
- Instruments subject to Made Affirmative Procedure
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Crofting Community Right to Buy (Procedure, Ballots and Forms) (Scotland) Regulations 2020 (SSI 2020/451)
Errors have been identified in three of the instruments for consideration under agenda item 4, the first of which is SSI 2020/451. An error has been identified in the date that is referred to in the saving and transitional provisions in regulations 19 and 20 of the instrument. Those regulations should refer to 24 February 2021 rather than 1 December 2020, as is currently provided. The Scottish Government has undertaken to amend the instrument before it comes into force.
Does the committee therefore wish to draw the instrument to the attention of the Parliament on the general reporting ground, on the basis that there is an error in the date that is referred to in the saving and transitional provisions, and does the committee wish to welcome the Scottish Government’s commitment to prepare an amending instrument to rectify the error?
No member has indicated that they are not content or that they wish to speak, so that is agreed.
Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (SSI 2020/455)
The second instrument on which errors have been raised is SSI 2020/455. First, there has been a failure to lay the instrument in accordance with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, section 28(2) of which requires that negative instruments be laid at least 28 days before they come into force, not counting recess periods of more than four days. The instrument was laid on 21 December and came into force on 29 and 31 December.
Secondly, the words
“in the table in schedule 6 (specified import provisions) in column 2”
have been included in error in regulation 5(2)(c). The Scottish Government has undertaken to correct that error in an upcoming Scottish statutory instrument.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), in respect of the failure to lay the instrument in accordance with the laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010, while noting that it is satisfied with the explanation that has been given for the failure to comply with the 28-day rule; and on the general reporting ground, on the basis that the Scottish Government has confirmed that some text has been included in error in regulation 5(2)(c) of the instrument?
No member has indicated that they are not content or that they wish to speak, so that is agreed.
While we are considering SSI 2020/455, does the committee wish to welcome the fact that regulation 4 amends the Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2020 (SSI 2020/398), in fulfilment of a previous commitment to the committee?
No member has indicated that they are not content or that they wish to speak, so that is agreed.
Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (SI 2020/1557)
The third instrument on which errors have been raised is SI 2020/1557. As with the previous instrument, there has been a failure to lay the instrument in accordance with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. As the instrument was laid on 17 December and came into force on 31 December, it breached the 28-day rule.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j)? Furthermore, given that the letter to the Presiding Officer that explains the reason for the breach of the 28-day rule indicates that the United Kingdom Government’s decision to proceed with the UK emissions trading scheme was not announced until 14 December 2020, does the committee wish to highlight to the lead committee that, because of that, SI 2020/1557, which forms part of that scheme, was laid without time for adequate scrutiny before it came into force on 31 December 2020?
No member has indicated that they are not content or that they wish to speak, so that is agreed.
No points have been raised on the following three negative instruments.
Police Appeals Tribunals (Scotland) Amendment Rules 2020 (SSI 2020/454)
Parole Board (Scotland) Amendment Rules 2021 (SSI 2021/4)
Repayment of Student Loans (Scotland) Amendment Regulations 2021 (SSI 2021/8)
Is the committee content with the instruments?
No member has indicated that they are not content or that they wish to speak, so that is agreed.