Delegated Powers and Law Reform Committee

Meeting date: Tuesday, October 27, 2020

Official Report 469KB pdf

European Union (Withdrawal) Act 2018: Instrument Procedure and Category

Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (SSI 2020/310)

I welcome everyone to the 32nd meeting in 2020 of the Delegated Powers and Law Reform Committee. We have received apologies from the convener, Bill Bowman.

Agenda item 1 is consideration of SSI 2020/310, which has been laid under the European Union (Withdrawal) Act 2018. The committee is considering the instrument under the Scottish statutory instrument protocol, so we are considering the scrutiny procedure under which it has been laid and the categorisation that the Scottish Government has applied to it.

The purpose of the instrument is to update references to “exit day” in two sets of regulations that were laid last year. It has been laid under the negative procedure and has been categorised by the Scottish Government as being of low significance.

Our advisers indicate that the use of the negative procedure appears to be appropriate and that the instrument may be considered to be of low significance because the amendments that are made are technical in nature and are consequential on changes that were made by the European Union (Withdrawal Agreement) Act 2020.

Is the committee content that the appropriate scrutiny procedure has been applied to the instrument?

Members indicated agreement.

Does the committee wish to recommend that the instrument should be categorised as being of low significance?

Members indicated agreement.