Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 12, 2019

Official Report 463KB pdf

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Instruments subject to Negative Procedure

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Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/59)

The first instrument for consideration under agenda item 4 amends a number of marketing regulations for seed and plant propagating materials. It contains errors relating to the definition of a European Union regulation, a reference to an EU directive and a redundant provision. The full detail of the issues identified by our legal advisers can be found in our correspondence with the Government, which is included in our published papers.

Does the committee wish to draw the instrument to the attention of the Parliament under reporting ground (h), on the basis that regulation 9(2)(a)(ix) contains an unnecessary definition of regulation EC 1829/2003?

Members indicated agreement.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of the issues that are identified in the papers in regulations 13(5)(c) and (d) and 16(7)(a)?

Members indicated agreement.

Does the committee wish to welcome the Government’s undertaking to rectify the errors in regulations 9 and 16 at the next available opportunity?

Members indicated agreement.

Does the committee wish to call on the Government to use that opportunity to also amend the error referred to in regulation 13?

Members indicated agreement.

Furthermore, part 3 of the instrument inserts provisions into a number of the marketing regulations for seed and plant propagating material that refer to

“legislation recognised by the Scottish Ministers to have equivalent effect”

to various regulations. Does the committee wish to welcome the Government’s intention in due course to amend the relevant marketing regulations to insert appropriate references to any specific legislation that is recognised as being equivalent?

Members indicated agreement.

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Education (Fees and Student Support) (Miscellaneous Amendments) (EU Exit) (Scotland) Regulations 2019 (SSI 2019/70)

The regulations contain drafting errors relating to references to provisions that do not exist. The Scottish Government has undertaken to correct the references at the next legislative opportunity. Again, full details can be found in our correspondence with the Government, which is included in our published papers.

Does the committee wish to draw the regulations to the attention of the Parliament on the general reporting ground, as there are drafting errors in regulation 9(2)?

Members indicated agreement.

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Agriculture Market Measures (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/73)

The instrument appears to be defectively drafted, as it removes an offence provision, which is contrary to the Scottish Government’s intention. The Government has undertaken to make an amending instrument by the end of this month, so that the errors do not have any effect. Again, full details can be found in our correspondence with the Government, which is included in our published papers.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), as regulation 5(3) appears to be defectively drafted?

Members indicated agreement.

There are a further four negative instruments on our agenda, on which no points have been raised by our advisers.

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Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/71)

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Act of Sederunt (Taxation of Judicial Expenses Rules) 2019 (SSI 2019/75)

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Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment (No 2) Order 2019 (SSI 2019/77)

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Legal Aid and Advice and Assistance (Scotland) (Miscellaneous Amendments) Regulations 2019 (SSI 2019/78)

Is the committee content with the instruments?

Members indicated agreement.