Delegated Powers and Law Reform Committee
Meeting date: Tuesday, March 9, 2021
Official Report 476KB 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
- Instruments subject to Made Affirmative Procedure
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Milk and Healthy Snack Scheme (Scotland) Regulations 2021 (SSI 2021/82)
Issues have been raised on three of the instruments for consideration under agenda item 6. SSI 2021/82 establishes the milk and healthy snack scheme as a food benefit in Scotland for pre-school children who receive childcare services from a registered childcare provider.
The committee raised various issues on the instrument with the Scottish Government. In its response, the Scottish Government said that it did not propose to take corrective action in relation to any of the points that the committee raised.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground because the reference to “Social Work Improvement Scotland” in paragraph 1(j) of schedule 2 fails to attract the definition of “SCSWIS” in regulation 2 of the instrument; a definition of “childcare provider” is missing from regulation 2; and the word “and” should be included at the start of the words that regulation 23 of the instrument inserts into subparagraphs b(i) and (ii) of the definition of “Healthy Start food” in regulation 2(1) of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 (SI 2005/3262)?
While acknowledging that no immediate corrective action is required, does the committee wish to call on the Scottish Government to amend the instrument at the next legislative opportunity to rectify the error in paragraph 1(j) of schedule 2 and, at the same time, to rectify the other errors that have been identified?
No member has indicated that they are not content or that they wish to speak, so that is agreed.
Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2021 (SSI 2021/100)
An issue has also been raised on SSI 2021/100, the main purpose of which is to extend until 31 March 2022 the period for which planning consents remain valid during the coronavirus pandemic.
Issues were raised with the Scottish Government in relation to drafting errors that were identified in regulations 4 and 5. The Scottish Government has committed to amending those errors before the instrument comes into force on 30 March 2021.
Does the committee wish to draw the instrument to the attention of the Parliament under the general reporting ground in respect of regulation 4(2)(b), where the reference to section 58(3A) of the Town and Country Planning (Scotland) Act 1997 should be to section 59(8) of that act, and the references to section 59(8A) and section 59(8B) of the 1997 act should be extended to include section 59(8C); and in respect of regulation 5(1), which should refer to “the relevant date” rather than “that date”? In addition, does the committee wish to welcome the Scottish Government’s commitment to lay an amending instrument to correct those errors before SSI 2021/100 comes into force on 30 March 2021?
No member has indicated that they are not content or that they wish to speak, so that is agreed.
Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Amendment Regulations 2021 (SSI 2021/109)
The final negative instrument on which a point has been raised is SSI 2021/109, which amends the commencement date of regulations 3 and 4 of the Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 (SSI 2021/66), which relate to domestic food labelling provisions.
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 has been 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.
No points have been raised on the following three negative instruments.
Plant Health and Plant Propagating Material (Miscellaneous Amendments) (Scotland) Regulations 2021 (SSI 2021/87)
Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (SSI 2021/99)
Looked After Children (Scotland) Amendment Regulations 2021 (SSI 2021/103)
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.