Official Report 300KB pdf
Agenda item 6 is consideration of the delegated powers provisions in the Air Weapons and Licensing (Scotland) Bill as amended at stage 2. As our conclusions will form the basis of a report from the committee in advance of the stage 3 debate, which is scheduled for Thursday 25 June, we should agree those conclusions today.
Members will have noted that the Scottish Government has provided a supplementary delegated powers memorandum and will also have seen the briefing paper. There is one delegated power in particular that the committee might wish to comment on.
Section 66C inserts into the Civic Government (Scotland) Act 1982 new section 37A, which provides a new regulation-making power to enable ministers to make provision specifying circumstances in which the entire metal dealer licensing and regulation regime set out in sections 28 to 37 of the 1982 act, including the amendments and new provisions, are not to apply. That also extends to the power to disapply the new and amended provisions in the bill on metal dealer licensing. As a result, the power is widely drawn.
Given the scope of the power, does the committee agree to call on the Scottish Government to consider amending the bill at stage 3 to ensure that the power in section 66C, which inserts new section 37A into the 1982 act, is subject to the affirmative rather than the negative procedure?
Members indicated agreement.
Does the committee agree to report that it is content with the other provisions in the bill that have been amended at stage 2 to insert or substantially alter provisions conferring powers to make subordinate legislation and other delegated powers?
Members indicated agreement.
I would also like to put on record my welcome for the much-needed amendment to the commencement powers in section 78 and the fact that the provision on personal licences will be implemented the day after royal assent. Quite a number of my constituents were going to be affected by the previous provision.
I agree. This move will make a big difference to people who at the moment would not be able to reapply for a licence-holder’s certificate.
Indeed.