Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 19, 2019

Official Report 459KB pdf

European Union (Withdrawal) Act 2018: Instrument Category

Cross-border Health Care (EU Exit) (Scotland) (Amendment etc) Regulations 2019 [Draft]

Agenda item 3 is consideration of another instrument that has been laid under the European Union (Withdrawal) Act 2018. We are considering the instrument under the Scottish statutory instrument protocol.

The instrument has been laid under the mandatory affirmative procedure in paragraph 1(6) of schedule 7 to the 2018 act. Our advisers have indicated that it appears that the instrument does not engage the criteria for the mandatory affirmative procedure and that the instrument could have been laid under paragraph 1(7) of schedule 7. That would have engaged the sift under the EU exit SSI protocol in respect of the choice of parliamentary procedure. Nevertheless, had the affirmative procedure been chosen under paragraph 1(7), our advisers indicate that, in their view, that would have been the appropriate parliamentary procedure, so the practical effect would have been the same.

The Government recommends that the instrument be categorised as being of medium significance, and our advisers indicate that that categorisation could be appropriate.

Is the committee content that medium significance is the appropriate categorisation?

Members indicated agreement.