Delegated Powers and Law Reform Committee
Meeting date: Tuesday, April 25, 2023
Official Report 449KB pdf
Contents
- Attendance
- Interests
- Decision on Taking Business in Private
- Instrument subject to Affirmative Procedure
- Instruments subject to Negative Procedure
Instruments subject to Negative Procedure
Under agenda item 4, we are considering four instruments subject to the negative procedure. An issue has been raised on the following instrument.
Town and Country Planning (Development Planning) (Scotland) Regulations 2023 (SSI 2023/101)
The instrument makes provision in connection with the preparation of local development plans under the Town and Country Planning (Scotland) Act 1997. In correspondence with the Scottish Government, which has been published alongside the agenda for the meeting, the committee highlighted an apparent failure to narrate in the preamble that the consultation requirement in section 16B(15) of the 1997 act had been fulfilled. The committee also identified a cross-referencing error in regulation 25 of the instrument.
The Scottish Government has acknowledged a failure to follow proper drafting practice on account of the failure to narrate the consultation requirement in the preamble to the instrument. However, it does not consider that any corrective action is required.
The Scottish Government has also confirmed that there was a cross-referencing error, as regulation 25 should refer to section 4ZA(3)(b)(ii) of the 1997 act instead of section 4ZA(3)(b)(iii). It says that it will correct the error at the next available opportunity.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground for failure to follow proper drafting practice with the failure to narrate in the preamble the consultation requirement in section 16B(15) of the 1997 act?
Members indicated agreement.
In respect of the cross-referencing error whereby regulation 25 should refer to section 4ZA(3)(b)(ii) instead of section 4ZA(3)(b)(iii), does the committee wish to note that the Scottish Government has undertaken to correct that error at the next available opportunity?
Members indicated agreement.
Under the same agenda item, no points have been raised on the following instruments.
Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Designation of Events and Incidental Provision) Regulations 2023 (SSI 2023/98)
Council Tax Reduction (Scotland) Amendment Regulations 2023 (SSI 2023/113)
Bee Diseases and Pests Control (Scotland) (Amendment) Order 2023 (SSI 2023/114)
Is the committee content with the instruments?
Members indicated agreement.
Thank you very much indeed. We now move into private session.
10:04 Meeting continued in private until 10:09.