Justice Committee

Meeting date: Tuesday, February 5, 2019

Official Report 612KB pdf

European Union (Withdrawal) Act 2018

Draft Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc) Regulations 2019

Agenda item 3 is consideration of whether a Scottish statutory instrument, made under the powers conferred on devolved authorities in the European Union (Withdrawal) Act 2018, has been laid under the appropriate procedure. I refer members to paper 2, which is a note by the clerk, and paper 3, which is a private paper.

The Scottish Government has indicated that the instrument will be laid under the affirmative procedure. The Scottish Government has also categorised the instrument as “medium”. The committee will consider the policy content of the instrument at a future meeting.

If members have no comments, is the committee agreed that the affirmative procedure is the appropriate procedure for the instrument, and that the categorisation of “medium” is also appropriate?

Members indicated agreement.

The clerks will make arrangements to report the committee’s views to the Parliament and to the Scottish Government.