Net Zero, Energy and Transport Committee [Draft]

Meeting date: Tuesday, October 3, 2023

Official Report 730KB pdf

---

Subordinate Legislation

---

Persistent Organic Pollutants (Amendment) (No 2) Regulations 2023

---

Public Service Obligations in Transport Regulations 2023

Welcome back. Our next item of business is consideration of two type 1 consent notifications. The UK Government’s proposed UK statutory instruments are the Persistent Organic Pollutants (Amendment) (No 2) Regulations 2023 and the Public Service Obligations in Transport Regulations 2023. The UK Government is seeking the Scottish Government’s consent to legislate in areas of devolved competence. We were notified of the SIs on 6 and 8 September.

The committee’s role is to decide whether it agrees with the Scottish Government’s proposals to consent to the UK Government making the regulations within devolved competence, and in the manner that the UK Government has indicated to the Scottish Government.

If members are content for consent to be given for the UK SIs, the committee will write to the Scottish Government accordingly. When doing so, we have options to pose questions, highlight issues or ask to be kept up to date on relevant developments. If the committee is not content with the proposals, it may make the recommendations that are outlined in the clerks’ notes on the instruments.

Do members have any comments on the Persistent Organic Pollutants (Amendment) (No 2) Regulations 2023?

No member wishes to comment.

Is the committee content that the provisions set out in the notification should be made in the proposed UK statutory instrument?

Members indicated agreement.

We will write to the Scottish Government to that effect.

Do members have any comments on the Public Service Obligations in Transport Regulations 2023?

My only point is that the committee has not had adequate notice of or time to consider the instrument. I do not object to what is proposed, but I am concerned about the 28-day rule continually being broken. I seek your guidance, convener, as to what we can do to urge Governments to ensure that the committee is treated with respect and that we have enough time to consider anything that comes before us.

We can, of course, write back to say that.

You make a valid point, Mark, but I draw your attention to the fact that we were notified of the proposal on this instrument on 8 September. I would have liked to see it come up at a committee meeting earlier than 3 October, but perhaps that illustrates just how busy we are, which I am delighted about.

I suggest that the committee writes back to say that we would like consideration to be given to our receiving earlier notifications so that we can examine such instruments more fully. Is the committee agreed that we should write to make that point?

Members indicated agreement.

Are members content that the provision set out in the notification should be made in the proposed UK statutory instrument? If the answer is yes, which it appears to be, we will write to the Scottish Government to that effect, but we will include a note with a request that we be given further time to examine such instruments.

Members indicated agreement.

---

Parking Attendants (Wearing of Uniforms) (North Ayrshire Council) Regulations 2023 (SSI 2023/248)

---

Road Traffic (Permitted Parking Area and Special Parking Area) (North Ayrshire Council) Designation Order 2023 (SSI 2023/249)

Our next agenda item is consideration of two instruments that have been laid under the negative procedure, which means that their provisions will come into force unless the Parliament agrees to a motion to annul them. No such motion has been lodged.

If no member wishes to comment, is the committee agreed that it does not wish to make any recommendations in relation to the instruments?

Members indicated agreement.

That concludes the public part of our meeting.

12:16 Meeting continued in private until 12:47.