Delegated Powers and Law Reform Committee

Meeting date: Tuesday, February 26, 2019

Official Report 496KB pdf

European Union (Withdrawal) Act 2018: Instrument Category

Conservation (Natural Habitats, etc) (EU Exit) (Scotland) (Amendment) Regulations 2019 [Draft]

Agenda item 2 is consideration of more instruments that have been laid under the European Union (Withdrawal) Act 2018.

The purpose of the draft Conservation (Natural Habitats, etc) (EU Exit) (Scotland) (Amendment) Regulations 2019 is primarily to correct deficiencies in the Conservation (Natural Habitats, etc) Regulations 1994 (SI 1994/2716) to ensure their operability after the United Kingdom’s exit from the European Union.

The instrument has been categorised by the Scottish Government as being of low significance, but although it is predominantly concerned with technical detail, our advisers consider that there are significant implications that warrant subject committee scrutiny. Accordingly, the instrument could be categorised as being of medium significance.

Do members have any comments?

Members: No.

Does the committee wish to recommend that the instrument be categorised as being of medium significance instead?

Members indicated agreement.

Plant Health (EU Exit) (Scotland) (Amendment etc) Regulations 2019 [Draft]

The instrument has been categorised by the Scottish Government as being of medium significance, and our advisers have raised no issues with that categorisation, given that the instrument creates new offences.

Is the committee content that the instrument has been appropriately categorised as being of medium significance?

Members indicated agreement.