Delegated Powers and Law Reform Committee

Meeting date: Tuesday, October 31, 2023

Official Report 453KB pdf

Instruments subject to Negative Procedure

Under agenda item 3, we are considering two instruments subject to the negative procedure. An issue has been raised on the following instrument.

Public Procurement (Agreement on Government Procurement) (Miscellaneous Amendments) (Scotland) Regulations 2023 (SSI 2023/287)

The instrument was made under powers in the Trade Act 2021. The United Kingdom is a party to the international agreement on Government procurement—the GPA—which is negotiated by members of the World Trade Organization.

North Macedonia will shortly accede to the GPA and its suppliers will then be entitled to the same treatment as UK suppliers bidding for public contracts in the UK, which are subject to the GPA. The instrument amends Scottish procurement legislation to enable that.

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 this requirement, as it was laid on 18 October and came into force on 30 October.

In correspondence with the Presiding Officer, the Scottish Government stated that it was not possible to meet the laying requirements, because officials were informed only on 2 October that North Macedonia had deposited its instrument of accession to join the GPA on 30 September. The GPA enters into force for a new member 30 days after the instrument of accession is deposited, which for North Macedonia is therefore 30 October.

The Scottish Government highlighted that, taking account of recess, there was insufficient time to prepare and lay the instrument to meet the laying requirements and comply with the international obligation to have the instrument in force by 30 October. The correspondence also indicates that the UK Government is in a similar position.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements, as it was not laid 28 days before it came into force?

Members indicated agreement.

Is the committee content with the explanation that the Scottish Government has provided for this breach of the laying requirements?

Members indicated agreement.

Also under this agenda item, no points have been raised on the following instrument.

Non-Domestic Rating Contributions (Scotland) Amendment Regulations 2023 (SSI 2023/288)

Is the committee content with the instrument?

Members indicated agreement.