Delegated Powers and Law Reform Committee

Meeting date: Tuesday, September 24, 2019

Official Report 453KB pdf

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

Food Information, Labelling and Standards (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/285)

Agenda item 2 is consideration of two Scottish statutory instruments that have been laid under the European Union (Withdrawal) Act 2018. We are considering the scrutiny procedure under which they have been laid and the categorisation that the Scottish Government has applied.

SSI 2019/285 has been laid under the negative procedure and has been categorised as being of low significance. The purpose of the instrument is to ensure the operability of domestic food legislation following the United Kingdom’s exit from the European Union. It makes technical changes to ensure continuity of law after the UK’s exit from the EU and inserts transitional provisions into several existing regulations. That will provide a 21-month transitional period to give the food industry time to adjust to new labelling and information requirements for EU businesses and food products following the UK’s exit from the EU.

Our advisers indicate that the scrutiny procedure and categorisation could be appropriate. Is the committee content that the appropriate scrutiny procedure and categorisation have been applied to the instrument?

Members indicated agreement.

Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/289)

SSI 2019/289 has been laid under the negative procedure and has been categorised as being of low significance. Parts 3 and 4 of the regulations have been made under the European Union (Withdrawal) Act 2018. Part 3 of the regulations corrects deficiencies and part 4 revokes and re-introduces provision that was made in two previous EU exit SSIs—SSI 2019/190 and SSI 2019/209.

Our advisers indicate that the scrutiny procedure and categorisation could be appropriate. Are members happy with that?

Members indicated agreement.

Good.