Rural Affairs and Islands Committee
Subordinate legislation – The Animal Products (Transitional Import Conditions) (Miscellaneous Amendment) (Scotland) Regulations 2021
Letter to the Convener from Stuart McMillan MSP, Convener of the Delegated Powers and Law Reform Committee, on 13 December 2021
Dear Finlay
At its meeting on 7 December 2021, the Delegated Powers and Law Reform Committee considered the Animal Products (Transitional Import Conditions) (Miscellaneous Amendment) (Scotland) Regulations 2021 (SSI 2021/342). The Committee agreed to draw to your attention to its discussions on the instrument.
The instrument was laid under the European Union (Withdrawal) Act 2018, so the committee considered whether the appropriate scrutiny procedure and the appropriate category had been applied to the Regulations. In relation to the scrutiny procedure, the Committee was content that the negative procedure was appropriate.
However, with regards to the instrument’s categorisation, the Committee noted that the instrument removes the requirement for products of animal origin and animal by-products to be accompanied by health certificates. This approach appears to differ from previous instruments, which postponed the implementation of border control measures. As this approach appears to constitute a policy choice, the Committee therefore agreed that the categorisation should be of medium, rather than low, significance.
I hope you find this information useful in your consideration of the instrument.
Yours sincerely
Stuart McMillan MSP
Convener of the Delegated Powers and Law Reform Committee