Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 19, 2019

Official Report 459KB pdf

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Instruments subject to Negative Procedure

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Wildlife and Countryside Act 1981 (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/84)

In relation to the first four instruments that we will consider under agenda item 5, the time between the instrument being laid before the Parliament and the date of its coming into force does not respect the requirement that at least 28 days should elapse between those dates. In each case, the reasons for the breach are set out in correspondence with the Presiding Officer, which is available in our published papers. The standing orders require the committee to draw to the Parliament’s attention any failure to respect the 28-day laying requirement.

The first instrument under item 5 is SSI 2019/84, which we considered under item 2. We are now undertaking technical scrutiny of the instrument. It was laid before the Parliament on 8 March and will come into force on 29 March.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), as it fails to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?

Members indicated agreement.

Is the committee content that the failure to comply with section 28(2) of the 2010 act is acceptable in the circumstances?

Members indicated agreement.

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Sea Fish Licensing (Foreign Vessels) (EU Exit) (Scotland) Order 2019 (SSI 2019/87)

SSI 2019/87 prohibits foreign fishing boats fishing in the Scottish zone without first obtaining a licence from the Scottish ministers. The instrument has been made in consequence of the UK’s withdrawal from the EU to ensure that fisheries within the Scottish zone can be managed and controlled appropriately. It was laid before the Parliament on 12 March and will come into force on exit day, which is scheduled for 29 March.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), as it fails to comply with the requirements of section 28(2) of the 2010 act?

Members indicated agreement.

Is the committee content that the failure to comply with those requirements is acceptable in the circumstances?

Members indicated agreement.

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Sea Fishing (Licences and Notices) (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/88)

SSI 2019/88 extends the application of the Sea Fishing (Licences and Notices) (Scotland) Regulations 2011 (SSI 2011/70) to licences that are granted by the Scottish ministers to foreign fishing boats. The instrument was laid before the Parliament on 12 March and will come into force on exit day, which is currently scheduled for 29 March.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), as it fails to comply with the requirements of section 28(2) of the 2010 act?

Members indicated agreement.

Is the committee content that the failure to comply with those requirements is acceptable in the circumstances?

Members indicated agreement.

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Agriculture Market Measures (EU Exit) (Scotland) (Amendment) Amendment Regulations 2019 (SSI 2019/89)

SSI 2019/89 corrects the drafting error in SSI 2019/73, which the committee considered and reported on last week. It was laid before the Parliament on 13 March and will come into force on 27 March.

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

Members indicated agreement.

Does the committee find the failure to comply with section 28(2) of the 2010 act to be acceptable?

Members indicated agreement.

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Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Ordinary Cause Rules Amendment) (Taxation of Judicial Expenses) 2019 (SSI 2019/74)

We have one more instrument to consider under item 5, on which no points have been raised by our advisers. Is the committee content with the instrument?

Members indicated agreement.