Delegated Powers and Law Reform Committee

Meeting date: Tuesday, November 19, 2019

Official Report 435KB pdf

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

Environment (EU Exit) (Scotland) (Amendment etc) (No 2) Regulations 2019 [Draft]

Agenda item 2 is consideration of a Scottish statutory instrument that has been laid under the European Union (Withdrawal) Act 2018. As always, we are considering the categorisation that the Scottish Government has applied.

The instrument has been laid under the affirmative procedure and has been categorised as being of medium significance. It will amend a power to legislate, and the 2018 act requires that affirmative procedure be used for such instruments. Accordingly, there is no choice of scrutiny procedure for the committee to consider, but the committee is still asked to consider whether the instrument has been categorised appropriately.

The purpose of the instrument is to address deficiencies in Scottish legislation, relating to waste and the environment, that arise from the United Kingdom’s withdrawal from the European Union. Our legal advisers have indicated that the instrument would be more appropriately categorised as being of high significance, because it will amend a power to legislate.

Does the committee wish to recommend that the instrument be recategorised as being of high significance?

Members indicated agreement.