Under agenda item 3, we are considering four instruments. Issues have been raised on the following instrument.
Motor Vehicles (Competitions and Trials) (Miscellaneous Amendment) (Scotland) Regulations 2025 (SSI 2025/245)
The committee asked the Scottish Government a number of questions on the instrument, and they are set out in full in the papers for today’s meeting.
The legislation that regulates motor vehicle events makes a distinction between a
“race or trial of speed between motor vehicles”
that can be authorised under the Motor Sport on Public Roads (Scotland) Regulations 2019, which I will refer to as the motor sport regulations, and a
“competition or trial (other than a race or trial of speed) involving the use of motor vehicles”
that can be authorised under the Motor Vehicles (Competitions and Trials) (Scotland) Regulations 1976, which I will refer to as the competitions regulations.
The instrument that is before the committee today makes amendments to the second set of regulations—the competitions regulations—including by designating four named rallies as “specified” events for the purposes of those regulations.
We asked the Scottish Government for an explanation of the background and for confirmation that the four named rallies are of the type that is regulated by the competitions regulations.
The Scottish Government provided further information regarding the two different types of motor events. The Government advised that the four named rallies are trials of speed, which are subject to authorisation under the motor sport regulations rather than the competitions regulations, and that they are not a type of event that is, in fact, capable of being authorised under the competitions regulations.
Designating those rallies in the competitions regulations was described as an “oversight”. Designating them as “specified” events does not mean that they can, in fact, be authorised under the competitions regulations. Authorisation is subject to an application process, and we understand that, if an application was made for authorisation under the competitions regulations for those four rallies in their traditional form—as trials of speed—they would not meet the criteria, and authorisation would not be granted.
The committee considers that inserting reference to those four rallies in the competitions regulations is a very significant drafting error and is capable of causing confusion with regard to the applicable authorisation process. The Scottish Government intends to make amending regulations to correct that error at the earliest possible opportunity.
Does the committee wish to draw the error to the attention of the Parliament under reporting ground (i), in that the drafting appears to be defective?
Members indicated agreement.
Does the committee wish to note that the Scottish Government intends to correct the error at the earliest possible opportunity, and to call on the Scottish Government to do so as a matter of urgency?
Members indicated agreement.
Also in relation to the instrument, the committee asked the Scottish Government about one of the rallies that is specified in the legislation, as the name appeared to be incorrect. The Scottish Government confirmed that the reference should have been to the Roger Albert Clark rally, rather than the Robert Albert Clark rally, and it intends to correct that error by amending instrument.
Does the committee wish to report the error on the general reporting ground, and to note that the Scottish Government intends to correct it?
Members indicated agreement.
Finally on this instrument, the committee asked the Scottish Government whether the reference to “public way” in the final line of new regulation 7 of the principal regulations could be clearer. The principal regulations instead use the term “public highway”, reflecting the principal regulations’ parent act.
The Scottish Government responded that it considers the reference to be unambiguous, given the definition of the term in the enabling act, but undertook to reflect on whether consistency of approach would be desirable.
Does the committee wish to report that point on the general reporting ground?
Members indicated agreement.
Does the committee wish to note the Scottish Government’s undertaking to reflect on that point?
Members indicated agreement.
Also under this agenda item, no issues have been raised on the following instruments.
Plant Health (Export Certification) (Scotland) Amendment Order 2025 (SSI 2025/241)
Council Tax (Dwellings and Part Residential Subjects) (Scotland) Amendment Regulations 2025 (SSI 2025/249)
Redemption of Heritable Securities (Excluded Securities) (Scotland) Order 2025 (SSI 2025/251)
Is the committee content with the instruments?
Members indicated agreement.
In relation to Scottish statutory instrument 2025/241, is the committee content with the explanation that has been provided by the Scottish Government regarding the application of section 46 of the United Kingdom Internal Market Act 2020 to the instrument, and content with the assurance that special regard has been given to the matters that are specified in that section?
Members indicated agreement.
Does the committee wish to invite the Scottish Government to consider whether it would be appropriate, in the accompanying documents for any future relevant instruments, to make reference to the application of section 46 and to the factors that have been taken into account in complying with that section?
Members indicated agreement.