Official Report 443KB pdf
10:09
Under agenda item 3, we are considering five instruments. An issue has been raised on the following instrument.
Scotland Act 1998 (Specification of Functions and Transfer of Property etc) (Amendment) Order 2026 (SI 2026/1095)
The committee asked the Scottish Government several questions about this instrument. All the questions, as well as the answers, are published in full alongside the papers for this meeting.
The instrument would enable agency arrangements to be made under section 93 of the Scotland Act 1998, whereby specified functions of the Scottish ministers could be exercised on their behalf by United Kingdom ministers. We asked for more information regarding the specification by the instrument of the functions in the official controls regulation (EU) 2017/62. We asked for confirmation that the policy intention is to specify all of the Scottish ministers’ functions under the OCR, not just those that relate to forestry or plant health.
The Scottish Government confirmed that this was the case, but that the intention was that, in practice, only the functions relating to forestry and tree health would be exercised.
We also asked why it is considered appropriate to make this provision in an instrument that relates only to forestry and/or plant health. Finally on this point, we asked whether the accompanying documents should make it clear that the instrument specifies all of the Scottish ministers’ functions under the OCR, not just those relating to forestry and/or plant health.
The committee will set out its full consideration of this instrument in its report on subordinate legislation to be published following today’s meeting.
Following consideration of the Scottish Government’s responses, does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (g), in that specifying all of the Scottish ministers’ functions under the OCR, when the stated policy intention is to make arrangements only in respect of forestry and tree health functions, appears to be an unusual and unexpected use of the power?
Members indicated agreement.
Does the committee consider that it would be helpful to the end user if the accompanying documents made it clear that the instrument specifies all of the Scottish ministers’ functions under the OCR, not just those relating to forestry and/or plant health?
Members indicated agreement.
Does the committee also wish to welcome that this instrument fulfils a long-standing commitment by the Scottish Government to correct an error in the Scotland Act 1998 (Specification of Functions and Transfer of Property etc) Order 2019 (SSI 2019/183)?
Members indicated agreement.
Also under this agenda item, the committee asked the Scottish Government two technical drafting questions on the following instrument.
Scottish Administration (Offices) Order 2026 (SI 2026/1097 (S 1))
Is the committee content with the response provided by the Scottish Government?
Members indicated agreement.
Also under this agenda item, no issues have been raised on the following instruments.
Parking Attendants (Wearing of Uniforms) (Dumfries and Galloway Council) Regulations 2026 (SSI 2026/295)
Road Traffic (Permitted Parking Area and Special Parking Area) (Dumfries and Galloway Council) Designation Order 2026 (SSI 2026/296)
Mobile Homes (Written Statement) (Scotland) Regulations 2026 (SSI 2026/320)
Is the committee content that no reporting grounds are engaged?
Members indicated agreement.