Delegated Powers and Law Reform Committee
Meeting date: Tuesday, October 24, 2017
Official Report 570KB pdf
Contents
- Attendance
- Interests
- Decision on Taking Business in Private
- European Union (Withdrawal) Bill
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
- Child Poverty (Scotland) Bill: After Stage 2
Instruments subject to Negative Procedure
Common Agricultural Policy (Direct Payments etc) (Scotland) Amendment (No 2) Regulations 2017 (SSI 2017/317)
The regulations amend the Common Agricultural Policy (Direct Payments etc) (Scotland) Regulations 2015 (SSI 2015/58). The amendments make provision to extend the deadline for relevant applications under the voluntary coupled support scheme for ovine animals.
The regulations were laid before the Parliament on 28 September 2017 and came into force on 9 October 2017. They do not respect the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. As regards its interest in the Scottish Government’s decision to proceed in this manner, the committee may wish to find the failure to comply with section 28(2) to be acceptable in the circumstances. The reasons for the breach are outlined by the Scottish Government’s agriculture and rural economy directorate in its letter to the Presiding Officer dated 28 September 2017.
Does the committee agree to draw the regulations to the attention of the Parliament under reporting ground (j) as the instrument fails to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?
Members indicated agreement.
Public and Private Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2017 (SSI 2017/321)
The regulations correct errors in two earlier instruments: the Public Water Supplies (Scotland) Amendment Regulations 2017 (SSI 2017/281) and the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (SSI 2017/282). The current regulations fulfil an undertaking given by the Scottish Government to correct errors in those instruments at the earliest opportunity.
The regulations were laid before the Parliament on 3 October 2017 and come into force on 26 October 2017. They do not respect the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The committee may wish to find the failure to comply with section 28(2) to be acceptable in the circumstances. The Scottish Government’s energy and climate change directorate has outlined the reasons for the breach in its letter to the Presiding Officer dated 3 October 2017.
Does the committee agree to draw the regulations to the attention of the Parliament under reporting ground (j) because the instrument fails to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?
Members indicated agreement.
No points have been raised by our legal advisers on the following four instruments.
Sea Fishing (Miscellaneous Revocations) (Scotland) Regulations 2017 (SSI 2017/323)
Sea Fishing (Miscellaneous Revocations) (Scotland) Order 2017 (SSI 2017/324)
Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017 (SSI 2017/325)
Housing (Scotland) Act 2014 (Consequential Provisions) Order 2017 (SSI 2017/329)
Is the committee content with the instruments?
Members indicated agreement.