Delegated Powers and Law Reform Committee
Meeting date: Tuesday, December 15, 2020
Official Report 475KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- European Union (Withdrawal) Act 2018: Instrument Procedure and Category
- Instruments subject to Made Affirmative Procedure
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Agenda item 5 is consideration of eight affirmative instruments, on the first two of which drafting errors have been identified.
Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2020 (SSI 2020/398)
The issues that have been identified on SSI 2020/398 are highlighted on the defective drafting ground and the general reporting ground.
Three articles in three separate EU regulations have been specified in error in new schedule 6 of the Official Feed and Food (Controls) (Scotland) Regulations 2009 (SSI 2009/446). They do not contain obligations that give rise to criminal offences. In addition, the definition of directive 2004/41 has been omitted from the 2009 SSI, but the directive is still referred to in the fifth and 10th definitions in new schedule 1 to the 2009 SSI. EU regulation 2015/1375 is also referred to in error in the 10th definition in new schedule 1 to the 2009 SSI.
Full details of those errors can be read in the correspondence between the committee and the Scottish Government, which is included in our published papers for the meeting. The Scottish Government has confirmed that it will correct those matters before the instrument comes into force.
While noting that the Scottish Government will remedy the errors before the instrument comes into force, does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i) in respect of the first of the errors, and the general reporting ground in respect of the other two?
Members indicated agreement.
The Scottish Government has also confirmed that regulation 4(8) amends regulation 32(2) of SSI 2009/446 in fulfilment of a previous commitment to the committee.
Does the committee wish to welcome the Scottish Government’s fulfilment of that commitment?
Members indicated agreement.
Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc) Regulations 2020 (SSI 2020/399)
The second instrument with a drafting error is SSI 2020/399. Issues have been raised on two separate reporting grounds.
First, on reporting ground (j), the instrument has breached the 28-day rule, albeit by only one day. The Scottish Government has written to the Presiding Officer to explain why the 28-day rule has not been complied with.
Secondly, on the general reporting ground, the Scottish Government has acknowledged that provision ought to have been made in the instrument to omit regulation 9(4) of the Funeral Expense Assistance (Scotland) Regulations 2019 (SSI 2019/292), as a consequence of other amendments that are made in the instrument. The Scottish Government has undertaken to introduce amending regulations to omit that provision at the earliest opportunity.
While noting that the Scottish Government has undertaken to introduce amending regulations at the earliest opportunity, does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground?
Members indicated agreement.
Does the committee agree to draw the instrument to the attention of the Parliament on reporting ground (j), while noting that it is satisfied with the explanation that has been given for the failure to comply with the 28-day rule?
Members indicated agreement.
No points have been raised on the following six negative instruments.
Enforcement of Fines (Relevant Penalty) (Scotland) Order 2020 (SSI 2020/406)
Public Health etc (Scotland) Act 2008 (Notifiable Organisms) Amendment Regulations 2020 (SSI 2020/408)
Financial Assistance for Environmental Purposes (Scotland) Order 2020 (SSI 2020/409)
Council Tax Reduction (Scotland) Amendment (No 4) Regulations 2020 (SSI 2020/413)
Civil Partnership (Scotland) Act 2020 (Commencement No 1 and Interim Recognition of Different Sex Relationships) Regulations 2020 (SSI 2020/414 (C 38))
Conservation of Salmon (Scotland) Amendment Regulations 2020 (SSI 2020/416)
Is the committee content with the instruments?
Members indicated agreement.