Delegated Powers and Law Reform Committee [Draft]

Meeting date: Tuesday, April 16, 2024

Official Report 679KB pdf

Instrument subject to Negative Procedure

Agenda item 5 is consideration of an instrument subject to the negative procedure. An issue has been raised on the instrument.

Scottish Local Government Elections Amendment (Denmark) Regulations 2024 (SSI 2024/101)

The instrument amends the Local Government (Scotland) Act 1973 to add Denmark to the list of countries whose citizens are eligible to stand for election as members of a local authority in Scotland if they have leave to enter or remain in the United Kingdom.

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 26 March 2024 and comes into force on 7 May 2024.??

In correspondence with the Presiding Officer, the Scottish Government explained that that breach had occurred as it could not lawfully make regulations to implement the treaty until after the UK Parliament completed its scrutiny process, which ended on 25 March. The treaty is expected to come into force on 7 May, at which point the provision in the instrument must be in place to comply with the UK’s international obligations.

As the instrument has not been laid at least 28 counting days before it came into force as required by section 28(2) of the 2010 act, does the committee wish to draw it to the attention of the Parliament on reporting ground (j) for failure to comply with laying requirements???

Members indicated agreement.

Is the committee content with the Scottish Government’s explanation for that breach of the laying requirements?

Members indicated agreement.