Economy, Energy and Fair Work Committee

Meeting date: Tuesday, December 11, 2018

Official Report 705KB pdf

European Union (Withdrawal) Act 2018

Public Procurement (Amendment) (EU Exit) Regulations 2019

Agenda item 5 is consideration of a proposal by the Scottish Government to consent to the UK Government legislating using the powers under the European Union (Withdrawal) Act 2018 in relation to a proposed UK statutory instrument, the Public Procurement (Amendment) (EU Exit) Regulations 2019. Much of the instrument will not apply to Scotland but will apply to England and Wales. The relevant part for Scotland is where the UK Government seeks to amend retained direct European Union legislation that has effect across the UK and relates to minor matters. Scottish ministers will bring forward a separate amending instrument in respect of the equivalent Scottish regulations.

The notification suggests that this is a category A proposal—that is, the changes are technical with minimum policy choice or only one obvious policy solution. Is the committee content for the matter to be dealt with by statutory instrument laid at Westminster?

Members indicated agreement.

I will write to the cabinet secretary to notify him of the committee’s decision.