Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 2, 2021

Official Report 474KB pdf

Instruments subject to Made Affirmative Procedure

Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing) (Scotland) Regulations 2021 (SSI 2021/74)

Under agenda item 2, an issue has been raised on SSI 2021/74. A drafting error in new regulation 5J(1)(c) means that that regulation fails to achieve the policy intention of creating a criminal offence in respect of a responsible adult failing to ensure that a child undertakes tests in accordance with the requirements in the regulations. Further, a drafting error in new regulation 5J(3)(d) means that that regulation fails to achieve the policy intention of creating a reasonable excuse for failing to undertake tests on account that the person failing to undertake such tests has travelled in order to leave Scotland, provided that they have done so directly. Those errors therefore impede the delivery of the intended policy.

Does the committee agree to draw the instrument to the attention of the Parliament on ground (i)—that the instrument’s drafting appears to be defective—on account of drafting errors in new regulations 5J(1)(c) and 5J(3)(d), and does the committee wish to note that the Scottish Government has corrected those errors in SSI 2021/107?

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 made affirmative instruments.

Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 6) Regulations 2021 (SSI 2021/81)

Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 16) Regulations 2021 (SSI 2021/86)

Scottish Landfill Tax (Standard Rate and Lower Rate) Order 2021 (SSI 2021/89)

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.