Delegated Powers and Law Reform Committee

Meeting date: Tuesday, November 26, 2019

Official Report 456KB pdf

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Instruments not subject to Parliamentary Procedure

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Planning (Scotland) Act 2019 (Commencement No 2, Saving and Transitional Provisions) Regulations 2019 (SSI 2019/377 (C 19))

The first instrument for consideration under agenda item 4 is SSI 2019/377, which will commence three sections of the Planning (Scotland) Act 2019 and make saving and transitional provisions.

Regulation 9 saves the provisions of section 145 of the Town and Country Planning (Scotland) Act 1997, as they have effect before 20 December 2019 in respect of a planning contravention notice that is served before that date. However, the provisions should instead have been saved in respect of a breach of condition notice—a different type of notice—that is served before that date. That means that the provision will not have the intended effect.

The Scottish Government has acknowledged the error and has indicated that it intends to lay an amending instrument in time for the regulations’ coming into force on 20 December.

Does the committee wish to draw the regulations to the attention of the Parliament on reporting ground (i), because the drafting of regulation 9 appears to be defective?

Members indicated agreement.

Does the committee wish to welcome the Scottish Government’s intention to lay an amending instrument before the regulations come into force?

Members indicated agreement.

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Planning (Scotland) Act 2019 (Commencement No 3) Regulations 2019 (SSI 2019/385 (C 20))

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Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (Commencement No 1 and Transitional Provisions) Regulations 2019 (SSI 2019/392 (C 21))

No points have been raised on SSI 2019/385 and SSI 2019/392. Is the committee content with the instruments?

Members indicated agreement.

10:06 Meeting continued in private until 10:14.