Delegated Powers and Law Reform Committee

Meeting date: Tuesday, April 30, 2019

Official Report 445KB pdf

European Union (Withdrawal) Act 2018: Instrument Procedure and Category

Disabled Persons (Badges for Motor Vehicles) (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/128)

Agenda item 2 is consideration of two instruments that have been laid under the European Union (Withdrawal) Act 2018. We are considering the scrutiny procedure under which they have been laid and the categorisation that the Scottish Government has applied.

SSI 2019/128 has been laid under the negative procedure and has been categorised as being of low significance. It corrects deficiencies in relation to the United Kingdom’s planned withdrawal from the European Union by updating references to the UK being a member state and amending the form of blue badge that is issued to disabled people for display in motor vehicles in Scotland.

The instrument has not been subject to the sifting process under the Scottish statutory instrument protocol on the ground of urgency, as is set out in the policy note that accompanies the instrument, but our advisers indicate that the scrutiny procedure and categorisation could be appropriate.

Do members have any comments?

Members: No.

Is the committee content that the appropriate scrutiny procedure and categorisation have been applied to the instrument?

Members indicated agreement.

Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/142)

SSI 2019/142 has been laid under the negative procedure and has been categorised as being of medium significance. It amends various pieces of legislation relating to sunbeds and the sale of tobacco products, cigarette papers and nicotine vapour products to correct deficiencies in relation to the UK’s planned withdrawal from the EU.

Our advisers indicate that the scrutiny procedure and categorisation could be appropriate. Is the committee content that that is the case?

Members indicated agreement.