Delegated Powers and Law Reform Committee

Meeting date: Tuesday, November 10, 2020

Official Report 471KB pdf

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Instruments subject to Made Affirmative Procedure

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Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (SSI 2020/344)

The first instrument for consideration under agenda item 3 is SSI 2020/344, in which our legal advisers have identified drafting errors.

The purpose of the instrument is to implement a levels-based approach to the coronavirus-related restrictions and requirements across Scotland. The various layers are numbered from level 0 to level 4. The instrument sets out which levels apply to different geographical areas across Scotland and revokes the instruments that previously implemented such restrictions and requirements.

Our legal advisers asked the Scottish Government a number of questions on the instrument. As members will have seen from the Scottish Government’s response to those questions, it has acknowledged that there are drafting errors in regulations 5 and 6, and in paragraph 8 of schedule 1.

The committee may wish to draw the instrument to the attention of the Parliament under reporting ground (i)—that the instrument’s drafting appears to be defective—in relation to regulation 5(1) and paragraph 8(1) of schedule 1, as the drafting of those provisions fails to deliver the policy intention. The committee may wish to note that the Scottish Government has undertaken to lay an amending instrument in early course.

The committee may also wish to draw the instrument to the attention of the Parliament on the general reporting ground in relation to regulation 6, on account of cross-referencing errors. Again, the committee may wish to note that the Scottish Government has undertaken to legislate in early course to correct the errors.

Does the committee wish to draw the instrument to the attention of the Parliament under reporting ground (i), as there appears to be defective drafting in regulation 5(1) and in paragraph 8(1) of schedule 1?

Members indicated agreement.

Does the committee also wish to draw the instrument to the attention of the Parliament under the general reporting ground, as there are drafting errors in regulation 6(5)?

Members indicated agreement.

Does the committee wish to note the Scottish Government’s commitment to lay an amending instrument in early course?

Members indicated agreement.

Although we acknowledge that mistakes happen, given the great significance of SSI 2020/344 in setting the restrictions that apply to the various levels around the country, does the committee wish to call on the Scottish Government to lay an amending instrument as a matter of urgency?

Members indicated agreement.

No points have been made on the following two instruments, which are also subject to the made affirmative procedure.

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Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 20) Regulations 2020 (SSI 2020/343)

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Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment Regulations 2020 (SSI 2020/347)

Is the committee content with the instruments?

Members indicated agreement.