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Chamber and committees

Meeting date: Tuesday, November 24, 2020

Delegated Powers and Law Reform Committee 24 November 2020

Agenda: Decision on Taking Business in Private, European Union (Withdrawal) Act 2018: Instrument Procedure and Category, European Union (Withdrawal) Act 2018: Instrument 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 Affirmative Procedure

Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 [Draft]

The Convener

Agenda item 5 is consideration of six draft affirmative instruments, in the first of which our legal advisers have identified a drafting error. Does the committee wish to draw the instrument to the attention of the Parliament under the general reporting ground, on the basis that the words “its share of” could have been omitted from article 14 of the direct payments regulation for consistency with the equivalent amendments that the instrument makes to articles 22(2), 23(2) and 25(1)?

Members indicated agreement.

The Convener

The Government has indicated that it may include provision in a future instrument to omit the wording in order to tidy up the relevant provision. Does the committee wish to call on the Scottish Government to correct the error at the next available legislative opportunity?

Members indicated agreement.

The Convener

With regard to the other five draft affirmative instruments, although no points have been raised on them, the first three were withdrawn and relaid following questions from our legal advisers.

Common Agricultural Policy (Less Favoured Area Support) (EU Exit) (Scotland) Amendment Regulations 2020 [Draft]

Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 [Draft]

Public Procurement etc (EU Exit) (Scotland) (Amendment) Regulations 2020 [Draft]

First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Allocation of Functions, Procedure and Composition) (Miscellaneous Amendments) Regulations 2020 [Draft]

Cross-border Health Care (EU Exit) (Scotland) (Amendment) Regulations 2020 [Draft]

The Convener

Is the committee content with the instruments?

Members indicated agreement.