Local Government, Housing and Planning Committee

Meeting date: Tuesday, November 9, 2021

Official Report 542KB pdf

European Union (Withdrawal) Act 2018

Waste and Agriculture (Legislative Functions) Regulations 2021

Agenda item 2 is on a consent notification in relation to a United Kingdom statutory instrument. The instrument is being laid in the UK Parliament under the European Union (Withdrawal) Act 2018 and has been classified as type 1. The instrument is also being considered by the Rural Affairs, Islands and Natural Environment Committee and the Net Zero, Energy and Transport Committee. Does any member wish to comment?

As no member wishes to comment, does the committee agree to approve the Scottish Government’s proposal to consent to the provision being made by the UK Government in a statutory instrument laid in the UK Parliament? In agreeing to do so, does the committee agree to seek further information in relation to the following: how the Scottish Government would replicate the requirement that applied to the European Commission for any amendments to the regulations using those powers to achieve a high level of environmental protection; whether any regulations amending the requirements of the Management of Extractive Waste (Scotland) Regulations 2010 would be subject to the negative or affirmative procedure; why the Scottish ministers consider it appropriate that the new powers will be conferred not just on them but on the Secretary of State for Scotland, subject to a consent requirement; and in what circumstances the Scottish Government would consider it appropriate for the UK Government to legislate in that area?

I see from the screen that there is agreement that we will seek further information.