Delegated Powers and Law Reform Committee

Meeting date: Tuesday, December 15, 2020

Official Report 475KB pdf

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

Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc) Regulations 2020 (SSI 2020/399)

Agenda item 2 is consideration of an instrument that has been laid under the European Union (Withdrawal) Act 2018. The committee is considering whether the Scottish Government has applied the appropriate scrutiny procedure and the appropriate category to SSI 2020/399.

The instrument repeals the European Union regulations on social security co-ordination in so far as they relate to devolved social security matters, with effect from the end of the transition period. It also amends three Scottish statutory instruments by removing references to EU legislation that will no longer have effect in the United Kingdom, and makes provision to ensure continued access to the relevant benefits for persons who are protected under the withdrawal agreements.

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?

Members indicated agreement.

Is the committee content that the instrument has been properly categorised as being of low significance?

Members indicated agreement.