Delegated Powers and Law Reform Committee

Meeting date: Tuesday, April 30, 2019

Official Report 445KB pdf

Instruments subject to Negative Procedure

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

Agenda item 3 is consideration of two negative instruments that we considered under item 2. We are now undertaking technical scrutiny of the instruments.

SSI 2019/128 was laid before the Parliament on 1 April 2019 and came into force on the same day at 4 pm, which does not respect the requirement that at least 28 days should elapse between the laying of a negative instrument and the coming into force of that instrument. The reasons for the breach are set out in correspondence with the Presiding Officer, which is available in our published papers.

Standing orders require the committee to draw to the Parliament’s attention any failure to respect the 28-day laying requirement. Does the committee wish to draw the instrument to the Parliament’s attention on reporting ground (j), as it fails to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?

Members indicated agreement.

Is the committee content that the failure to comply with section 28(2) of the 2010 act is acceptable in the circumstances?

Members indicated agreement.

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

No points have been raised on the instrument. Is the committee content with it?

Members indicated agreement.