Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 16, 2021

Official Report 454KB pdf

Instruments subject to Negative Procedure

Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Amendment Regulations 2021 (SSI 2021/123)

An issue has been raised on the first instrument for consideration under agenda item 4. SSI 2021/123 lays down the compositional and labelling standards for a specific type of infant formula and follow-on formula that is manufactured from protein hydrolysates, which can be used for infants who have allergies. The instrument has breached the rule that requires instruments that are subject to the negative procedure to be laid at least 28 days before they come into force.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), in that it has been laid less than 28 days before coming into force and has therefore breached the laying requirements under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010? At the same time, does the committee wish to note that it is satisfied with the explanation that the Scottish Government has provided for the failure to comply with the laying requirements?

No member has indicated that they are not content or that they wish to speak, so that is agreed.

Disability Assistance for Children and Young People (Consequential Amendments) (Scotland) Regulations 2021 (SSI 2021/122)

Although no points have been raised on SSI 2021/122, the committee may wish to note that the instrument fulfils a commitment that the Scottish Government gave to the committee to make clearer the meaning of “care home” in subordinate legislation that was amended by the Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (SSI 2021/73), which the committee considered on 2 March 2021.

Is the committee content with the instrument, and does it wish to welcome the fact that it fulfils an earlier commitment?

No member has indicated that they are not content or that they wish to speak, so that is agreed.