Delegated Powers and Law Reform Committee

Meeting date: Tuesday, September 7, 2021

Official Report 459KB pdf

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Instruments subject to Negative Procedure

Under the next agenda item, we are considering instruments subject to negative procedure. No points have been raised on the following instruments.

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Coronavirus (Extension and Expiry) (Scotland) Act 2021 (Evidence) (Saving Provision) Regulations 2021 (SSI 2021/280)

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Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment (No 2) Regulations 2021 (SSI 2021/282)

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Meat Preparations (Import Conditions) (Scotland) Amendment (No 2) Regulations 2021 (SSI 2021/288)

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Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No 2) Rules 2021 (SSI 2021/289)

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Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021 (SSI 2021/292)

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Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Amendment Order 2021 (SSI 2021/293)

Mr Simpson wishes to comment.

I want to query an aspect of the Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021 (SSI 2021/292). As you will be aware, under coronavirus legislation, the requirement to hold public consultation events on potential building developments was suspended; in other words, such events did not need to be held. The regulations continue that suspension until 31 March next year. Given that we are now allowed to attend all sorts of events, such as concerts, football matches and weddings, I query why anyone should not be allowed to hold a public consultation event.

We have not had an explanation for that, so the committee should write to the Government asking for one. We could also write to the lead committee, which I think in this case would be the Local Government, Housing and Planning Committee. There is a related regulation that we will consider later—SSI 2021/291—so we could perhaps include that in the letter.

I have an additional point, convener. My experience of dealing with planning applications locally is that online consultations have become more of a feature. In many cases, the online facility has increased participation in planning consultations, just because the physical logistics of attending are much more straightforward. This might be an opportunity to ask whether a study has been done of the effectiveness of that procedure. It might be good to consider having online facilities as well as physical facilities. We could ask the Government whether it has reviewed the effectiveness of the way in which consultations have been undertaken.

On Mr Simpson’s point about SSI 2021/292 and subsequently SSI 2021/291, it is worth while for us to write to the relevant committee. Mr Sweeney’s point about the effectiveness of what has been happening is also worth while. It is worth while to write to the Scottish Government to ask for further clarification and for an explanation of those points.

Notwithstanding that, is the committee content with the instruments?

Members indicated agreement.

The committee may nevertheless wish to highlight that no policy note was included with SSI 2021/280. It is accepted practice that, in order to assist the Parliament’s consideration of SSIs, a policy note should normally be prepared for every SSI.

Also, on SSI 2021/293, the committee may wish to highlight that the Scottish Government has rectified four minor formatting and typographical points that were raised by the session 5 committee when it considered the principal order—the Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021 (SSI 2021/98)—in March of this year.

Is the committee content to highlight those points in its report on today’s instruments?

Members indicated agreement.