Delegated Powers and Law Reform Committee
Meeting date: Tuesday, June 27, 2017
Official Report 434KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Contract (Third Party Rights) (Scotland) Bill: Stage 2
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Loch Carron Urgent Marine Conservation (No 2) Order 2017 (SSI 2017/205)
Under agenda item 3, the first negative instrument for consideration is SSI 2017/205, which urgently revokes and replaces the Loch Carron Urgent Marine Conservation Order 2017 (SSI 2017/158). It does so as a result of the Loch Carron marine protected area being redesignated as a nature conservation marine protected area by the Loch Carron Nature Conservation Marine Protected Area (No 2) Order 2017.
The order was made and laid before the Parliament on 14 June 2017, and it came into force on 15 June. It does not respect the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument.
Accordingly, does the committee agree to draw the order to the attention of Parliament under reporting ground (j), as there has been a failure to lay it in accordance with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?
Members indicated agreement.
Does the committee also agree to find the failure to comply with section 28(2) to be acceptable in the circumstances, as outlined in correspondence from the Scottish Government that is contained in our papers?
Members indicated agreement.
Building (Miscellaneous Amendments) (Scotland) Amendment Regulations 2017 (SSI 2017/214)
The regulations amend the Building (Miscellaneous Amendments) (Scotland) Regulations 2017 (SSI 2017/188), which the committee considered at its meeting last week. The regulations were made and laid before the Parliament on 20 June 2017 and come into force on 30 June. They do not respect the requirement that at least 28 days should elapse between the laying of an instrument which is subject to the negative procedure and the coming into force of that instrument.
Accordingly, does the committee agree to draw the regulations to the attention of the Parliament under reporting ground (j), as there has been a failure to lay them in accordance with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?
Members indicated agreement.
Does the committee also agree to find the failure to comply with section 28(2) to be acceptable in the circumstances, as outlined in correspondence from the Scottish Government that is contained in our papers?
Members indicated agreement.
Carers (Scotland) Act 2016 (Prescribed Days) Regulations 2017 (SSI 2017/207)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.