Delegated Powers and Law Reform Committee
Meeting date: Tuesday, April 23, 2019
Official Report 453KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instrument subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
- Transport (Scotland) Bill: After Stage 1
- Climate Change (Emissions Reduction Targets) (Scotland) Bill: After Stage 1
Instruments subject to Negative Procedure
Non-Domestic Rates (Relief for New and Improved Properties) (Scotland) Amendment Regulations 2019 (SSI 2019/116)
The first instrument for consideration under agenda item 3 is SSI 2019/116, which was laid before the Parliament on 22 March and came into force on 31 March. Therefore, the requirement that at least 28 days should elapse between the laying of a negative instrument and the coming into force of that instrument has not been respected. The reasons for the breach are set out in the correspondence with the Presiding Officer that is available in our published papers.
Standing orders require the committee to draw to the Parliament’s attention any failure to respect the 28-day laying requirement. Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), as it fails to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?
Members indicated agreement.
Is the committee content that the failure to comply with section 28(2) of the 2010 act is acceptable in the circumstances?
Members indicated agreement.
Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (SSI 2019/118)
I will have a stab at saying what TSE means: transmissible spongiform encephalopathies. Got it!
Well done!
The regulations amend the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 (SSI 2010/177) to align them with a European Commission regulation on rules for the prevention, control and eradication of certain types of the disease prior to European Union exit. The regulations contain an error in failing to follow proper drafting practice when referring to an EU instrument in the preamble.
Does the committee wish to draw the regulations to the attention of the Parliament on the general reporting ground, as there has been a failure to follow proper drafting practice in the preamble?
Members indicated agreement.
No points have been raised on the following two instruments.
Carbon Accounting Scheme (Scotland) Amendment Regulations 2019 (SSI 2019/121)
Council Tax Reduction (Scotland) Amendment (No 2) Regulations 2019 (SSI 2019/133)
Is the committee content with the instruments?
Members indicated agreement.