Delegated Powers and Law Reform Committee

Meeting date: Tuesday, September 6, 2022

Official Report 442KB pdf

Instruments subject to Negative Procedure

Under agenda item 4, we are considering three instruments. An issue has been raised on the following instrument.

Coronavirus (Scotland) Acts (Saving Provision) Regulations 2022 (SSI 2022/261)

The instrument makes saving provisions in consequence of the expiry of part 1 of the Coronavirus (Scotland) Act 2020 and part 1 of the Coronavirus (Scotland) (No 2) Act 2020.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days.?The instrument breaches that requirement, as it was laid on 30 August 2022 and will come into force on 1 October 2022.

In correspondence with the Presiding Officer, the Scottish Government explained that it was unable to lay the instrument in late June to allow the full 28 days before coming into force. That was due to the fact that the final stages of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 were also taking place at that time and may have necessitated further provision in the instrument.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements? At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?

Members indicated agreement.

Also under this agenda item, no points have been raised on the following instruments.

Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc) Regulations 2022 (SSI 2022/249)

General Pharmaceutical Council (Amendment) Rules Order of Council 2022 (SI 2022/697)

Is the committee content with the instruments?

Members indicated agreement.