Delegated Powers and Law Reform Committee

Meeting date: Tuesday, February 26, 2019

Official Report 496KB pdf

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Instruments subject to Negative Procedure

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Environment (EU Exit) (Scotland) (Amendment etc) Regulations 2019 (SSI 2019/26)

The first instrument for consideration under agenda item 5 is SSI 2019/26. As the committee will be aware, the instrument contains some drafting errors; they are outlined in members’ papers, so I do not intend to read them all out.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, as it contains some drafting errors?

Members indicated agreement.

Does the committee wish to recommend that the first error, which is repeated, be corrected by an amending instrument rather than by correction slip?

Members indicated agreement.

Does the committee wish to welcome the Scottish Government’s commitment to correct the second error by correction slip?

Members indicated agreement.

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Equine Animal (Identification) (Scotland) Regulations 2019 (SSI 2019/30)

The regulations make provision for the enforcement of the EU horse passport regulation, which seeks to enhance controls on the supply, use and quality of horse passports in response to issues that were identified after the 2013 horse meat scandal. The regulations contain provisions that impose legal duties, the breach of which constitutes an offence. However, it could be clearer on whom the duty falls.

Does the committee wish to draw the regulations to the attention of the Parliament under reporting ground (h), in respect of the instance in which the form of regulation 11(4) could be clearer?

Members indicated agreement.

Given that the matter concerns an offence provision, does the committee wish to recommend that the Scottish Government brings forward an amendment at the earliest opportunity?

Members indicated agreement.

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Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2019 (SSI 2019/32)

SSI 2019/32 amends the Materials and Articles in Contact with Food (Scotland) Regulations 2012 (SSI 2012/318) in order to provide for the execution and enforcement of certain European Commission regulations regarding food contact materials.

An error has been identified in regulation 4, which is outlined in members’ papers. Does the committee wish to report the instrument to the Parliament on the general reporting ground, in respect of the error in regulation 4?

Members indicated agreement.

Does the committee wish to call on the Scottish Government to correct the error at the next legislative opportunity?

Members indicated agreement.

No points have been raised on the following 13 negative instruments.

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Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Amendment Order 2019 (SSI 2019/37)

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Wildlife and Countryside Act 1981 (Prohibition on Sale etc of Invasive Animal and Plant Species) (Scotland) Order 2019 (SSI 2019/38)

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Non-Domestic Rates (Levying) (Scotland) Regulations 2019 (SSI 2019/39)

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Non-Domestic Rates (Relief for New and Improved Properties) (Scotland) Regulations 2019 (SSI 2019/40)

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Non-Domestic Rates (Telecommunication Installations) (Scotland) Amendment Regulations 2019 (SSI 2019/41)

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Non-Domestic Rating (Telecommunications New Fibre Infrastructure) (Scotland) Order 2019 (SSI 2019/42)

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Non-Domestic Rates (Telecommunications New Fibre Infrastructure Relief) (Scotland) Regulations 2019 (SSI 2019/43)

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Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2019 (SSI 2019/44)

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Teachers’ Superannuation and Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2019 (SSI 2019/48)

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National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (SSI 2019/50)

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Food Composition, Labelling and Standards (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/53)

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Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/55)

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Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/57)

Is the committee content with the instruments?

Members indicated agreement.