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Chamber and committees

Delegated Powers and Law Reform Committee

Meeting date: Tuesday, September 3, 2019

Agenda: Decision on Taking Business in Private, Instruments subject to Affirmative Procedure, Instruments subject to Negative Procedure, Instruments not subject to Parliamentary Procedure


Contents


Instruments subject to Negative Procedure


Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2019 (SSI 2019/232)

The Convener

The first instrument for consideration under item 3 is SSI 2019/232, which amends SSI 2019/193 in light of the committee’s report on that instrument of 18 June. The amendment is technical in nature and does not change the policy intention. It seeks to clarify particular provisions in relation to offences.

Because the instrument was laid before the Parliament on 27 June and came into force on 11 August, it did not meet the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument. The reasons for the failure to comply with that requirement are outlined in the letter from the Scottish Government to the Presiding Officer of 27 June, which is available in our published papers.

Is the committee content that the failure to comply with section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 is acceptable in the circumstances?

Members indicated agreement.

The Convener

Standing orders require the committee to draw to the Parliament’s attention any failure to respect the 28-day laying requirement. Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j)?

Members indicated agreement.


Plant Health (Miscellaneous Amendments) (Scotland) Order 2019 (SSI 2019/242)

The Convener

SSI 2019/242 is an emergency measure. It amends the Plant Health (Forestry) Order 2005 (SSI 2005/2517) and the Plant Health (Scotland) Order 2005 (SSI 2005/613) to enhance import controls against the introduction of oak processionary moth. It has been made under the Plant Health Act 1967.

The order was laid before the Parliament on 12 July and came into force on 16 July. As with the previous set of regulations, it did not meet the 28-day laying requirement. The reasons for that are outlined in the letter of 12 July, from the Scottish Government to the Presiding Officer, that is available in our published papers.

Is the committee content that the failure to comply with section 28 of the 2010 act is acceptable in the circumstances?

Members indicated agreement.

The Convener

Does the committee wish to draw the order to the attention of the Parliament on reporting ground (j)?

Members indicated agreement.

Good. We can all go away and google the “oak processionary moth” to find out what that is.

No points have been raised on the following two negative instruments.


Police (Retention and Disposal of Motor Vehicles) (Scotland) Amendment Regulations 2019 (SSI 2019/231)

Is the committee content with the instruments?

Members indicated agreement.