Delegated Powers and Law Reform Committee

Meeting date: Tuesday, June 13, 2023

Official Report 450KB pdf

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Instruments subject to Negative Procedure

Under agenda item 3, we are considering three instruments subject to the negative procedure. An issue has been raised on the following instrument.

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Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023 (SSI 2023/161)

The purpose of the instrument is to list offences in relation to which compliance notices may be used as an alternative to criminal proceedings, as set out in the Food (Scotland) Act 2015. The committee identified a cross-referencing error in paragraph 33 of the schedule to the instrument. The Scottish Government has accepted that there is a cross-referencing error and has undertaken to rectify it at the earliest available opportunity.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, for a cross-referencing error, in that paragraph 33 of the schedule should refer to regulation 4 of the Novel Foods (Scotland) Regulations 2017 instead of regulation 6(2)?

Members indicated agreement.

Does the committee wish to note that the Scottish Government intends to correct the error by amendment at the earliest available opportunity?

Members indicated agreement.

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

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Act of Sederunt (Fees of Solicitors in the Court of Session, Sheriff Appeal Court and Sheriff Court) (Taxation of Judicial Expenses Rules) (Amendment) 2023 (SSI 2023/165)

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Lews Castle College (Transfer and Closure) (Scotland) Order 2023 (SSI 2023/171)

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Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Early Expiry of Provisions) Regulations 2023 (SSI 2023/172)

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National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2023 (SSI 2023/173)

Is the committee content with the instruments?

Members indicated agreement.