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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 21 September 2025
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Displaying 2261 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 9 November 2021

Stuart McMillan

Does the committee also wish to call on the Scottish Government to clarify the matter at the next legislative opportunity?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 9 November 2021

Stuart McMillan

The instrument amends definitions, references and expressions related to European Union law in the Storage of Carbon Dioxide (Licensing etc) (Scotland) Regulations 2011 that require updating or correction following the United Kingdom’s withdrawal from the EU. The amendments are minor and technical in nature.

The committee wrote to the Scottish Government to ask whether regulation 8 of the instrument contained an error in respect of references to certain EU law applying, as they had effect immediately before the implementation period completion day. The Scottish Government, in its response, said that it was grateful to the committee for highlighting the error and that SSI 2021/383, which the committee is also considering under this agenda item, has since been laid to correct that. The correcting instrument will come into force on Tuesday 30 November, which is a day before the provision containing the error will come into force.

Full details of the error in regulation 8 can be found in the correspondence between the committee and the Scottish Government. The correspondence is included in paper 4 for the meeting, which can be found in the agenda on the committee’s website.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), on the basis that the meaning of regulation 8, as outlined in correspondence with the Scottish Government, could be clearer?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 9 November 2021

Stuart McMillan

Does the committee also wish to welcome that the Scottish Government has acknowledged that this was a drafting error and that a correcting instrument has been laid that will correct the error before it would have come into force?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 9 November 2021

Stuart McMillan

Also under this agenda item, no points have been raised on the following instruments.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 9 November 2021

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

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

Meeting date: 9 November 2021

Stuart McMillan

Under agenda item 3, we are considering a further instrument laid under the European Union (Withdrawal) Act 2018. In this case, the committee is considering whether the appropriate category has been applied to the draft regulations. The instrument has been categorised by the Scottish Government as being of medium significance. Is the committee content that the SSI has been categorised properly?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 9 November 2021

Stuart McMillan

Under agenda item 4, we are considering three made affirmative instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

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

Meeting date: 26 October 2021

Stuart McMillan

Under agenda item 3, we are considering a Scottish statutory instrument laid under the European Union (Withdrawal) Act 2018. The committee is considering whether the appropriate scrutiny procedure and the appropriate category have been applied to the instrument.

The instrument has been laid under the negative procedure and has been categorised by the Scottish Government as being of low significance. Is the committee content that the appropriate scrutiny procedure has been applied to the instrument and that the SSI has been categorised properly as being of low significance?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 26 October 2021

Stuart McMillan

Under agenda item 4, we are considering two instruments. No issues have been raised on the following instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 26 October 2021

Stuart McMillan

Under agenda item 6, we are considering five instruments. Issues have been raised on two of the instruments.