Delegated Powers and Law Reform Committee

Meeting date: Tuesday, January 22, 2019

Official Report 451KB pdf

Instruments subject to Negative Procedure

Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (SSI 2018/391)

SSI 2018/391 mainly updates references to a number of European Union instruments that are referred to in domestic legislation, and it makes consequential repeals and revocations of primary and secondary legislation.

In regulation 10(3), there is a reference to “schedule 4”, which appears to be a reference to schedule 4 of the Special Waste Regulations 1996. This should refer to schedule 4 of the Waste Management Licensing (Scotland) Regulations 2011 (SSI 2011/228). Also, certain provisions refer to certain EU legislation “as last amended by” subsequent EU legislation, but they reference EU legislation that is not, in fact, the last amending EU legislation.

Does the committee wish to draw the regulations to the attention of the Parliament on the general reporting ground, as they contain some drafting errors?

Members indicated agreement.

Does the committee welcome the Scottish Government’s commitment to bring forward amending legislation to correct the error in regulation 10(3) at the earliest possible opportunity?

Members indicated agreement.

Does the committee wish to recommend that the references to EU legislation as amended should also be corrected?

Members indicated agreement.

Foods for Specific Groups (Medical Foods) (Miscellaneous Amendments) (Scotland) Regulations 2018 (SSI 2018/392)

The main purpose of the regulations is to make some technical provisions for enforcement powers, to underpin a Commission delegated regulation. That regulation lays down rules on the specific compositional and information requirements for food for special medical purposes.

The preamble to the regulations fails to follow proper drafting practice. The first paragraph should also have cited the powers in section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 1972. A paragraph explaining an ambulatory reference to the Commission delegated regulation has also been omitted.

Does the committee wish to draw the regulations to the attention of the Parliament on the general reporting ground, as the preamble fails to follow proper drafting practice in a couple of respects?

Members indicated agreement.