Delegated Powers and Law Reform Committee
Meeting date: Tuesday, February 23, 2021
Official Report 465KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- European Union (Withdrawal) Act 2018: Instrument Procedure and Category
- European Union (Withdrawal) Act 2018: Instrument Category
- Instrument subject to Made Affirmative Procedure
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instrument not subject to Parliamentary Procedure
Instruments subject to Affirmative Procedure
Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2021 [Draft]
An issue has been raised on the first instrument for consideration under agenda item 5, which creates a power to legislate that replaces the former European Union function of imposing “special import conditions”. In the new power, “special import conditions” is not defined or expanded upon. Accordingly, it could be clearer as a matter of domestic law what kinds of condition may be imposed and whether, for example, only conditions that are stricter than the usual conditions may be imposed.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), as it could be clearer what “special import conditions” means?
No member has indicated that they are not content or that they wish to speak, so that is agreed.
No points have been raised on the following five draft instruments.
Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 [Draft]
Disability Assistance for Children and Young People (Scotland) Regulations 2021 [Draft]
Social Security (Up-rating) (Miscellaneous Amendment) (Scotland) Regulations 2021 [Draft]
Social Security Information-sharing (Scotland) Regulations 2021 [Draft]
Scottish Parliament (Elections etc) Amendment (Coronavirus) Order 2021 [Draft]
Is the committee content with the instruments?
No member has indicated that they are not content or that they wish to speak, so that is agreed.