Delegated Powers and Law Reform Committee
Meeting date: Tuesday, June 13, 2017
Official Report 457KB pdf
Contents
- Attendance
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
- Child Poverty (Scotland) Bill: Stage 1
Instruments subject to Negative Procedure
Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (SSI 2017/168)
The purpose of the regulations is to amend five instruments that the committee drew to the Parliament’s attention in reports that were dated 26 April and 3 May 2017. Our legal advisers have identified an issue in relation to an amendment that the regulations make to the Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 (SSI 2017/114). The definition of “project” in regulation 2(1) of SSI 2017/114 could still be clearer, despite the minor amendments that regulation 5(2) of SSI 2017/168 makes. In particular, it could still be clearer that subparagraphs (i) to (iv) apply to paragraph (a) in addition to paragraph (b) in the definition in regulation 2(1) of SSI 2017/114. Accordingly, does the committee agree to draw the regulations to the Parliament’s attention under reporting ground (h), for the reason that I just outlined?
Members indicated agreement.
The Scottish Government did not take the opportunity that was afforded by the amending instrument to amend schedule 6 to the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (SSI 2017/102), despite the committee calling on it to do so. The reference in that schedule to the
“Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2016”
remains incorrect, because those regulations are 2015 regulations. Does the committee therefore agree to express its disappointment that the Scottish Government did not take the opportunity to amend schedule 6 to the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017?
Members indicated agreement.
Nonetheless, does the committee agree to welcome the fact that the Scottish Government has laid an amending instrument that seeks to rectify the errors in the instruments that the committee identified at its meetings of 25 April and 2 May 2017?
Members indicated agreement.
No points have been raised by our legal advisers on the following nine instruments.
Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2017 (SSI 2017/171)
Mental Health Tribunal for Scotland (Practice and Procedure) (No 2) Amendment Rules 2017 (SSI 2017/172)
Mental Health (Conflict of Interest) (Scotland) Regulations 2017 (SSI 2017/174)
Mental Health (Patient Representation) (Prescribed Persons) (Scotland) Regulations 2017 (SSI 2017/175)
Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2017 (SSI 2017/176)
Milk and Other Products (Pupils in Educational Establishments) (Scotland) Regulations 2017 (SSI 2017/178)
Seed (Fees etc) (Scotland) Regulations 2017 (SSI 2017/179)
Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment (No 3) Regulations 2017 (SSI 2017/187)
Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2017 (SSI 2017/189)
Is the committee content with the instruments?
Members indicated agreement.