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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 10 November 2025
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Displaying 2327 contributions

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Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 23 September 2025

Stuart McMillan

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.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 23 September 2025

Stuart McMillan

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.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 23 September 2025

Stuart McMillan

Does the committee wish to note the Scottish Government’s undertaking to reflect on that point?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 23 September 2025

Stuart McMillan

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

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 23 September 2025

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Decision on Taking Business in Private

Meeting date: 23 September 2025

Stuart McMillan

Welcome to the 26th meeting in 2025 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices.

The first item of business is a decision on whether to take in private items 5, 6, 7, 8 and 9. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Affirmative Procedure

Meeting date: 23 September 2025

Stuart McMillan

Under agenda item 2, we are considering one instrument, on which issues have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Affirmative Procedure

Meeting date: 23 September 2025

Stuart McMillan

Finally, the committee asked the Scottish Government about a date—15 March 2025—that is given in schedule 2 of the instrument. The Scottish Government agreed that that was an error and that the date should be 15 March 2026. Again, the Scottish Government committed to address that by correction slip or amending instrument.

Does the committee wish to report the instrument on the general reporting ground, in that there is an erroneous reference to 15 March 2025 in schedule 2, paragraph 1(4)(a)(iii)?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 23 September 2025

Stuart McMillan

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.

Delegated Powers and Law Reform Committee [Draft]

Documents subject to Parliamentary Control

Meeting date: 23 September 2025

Stuart McMillan

That concludes the public part of the meeting.

10:08 Meeting continued in private until 10:43.