Delegated Powers and Law Reform Committee
Meeting date: Tuesday, April 25, 2017
Official Report 429KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Criminal Finances Bill
- Contract (Third Party Rights) (Scotland) Bill: Stage 1
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
- Domestic Abuse (Scotland) Bill: Stage 1
Instruments subject to Negative Procedure
Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (SSI 2017/101)
The purpose of the regulations is to update and replace the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000 (SSI 2000/320) in order to implement directive 2014/52/EU on the assessment of the effects of certain public and private projects on the environment.
The committee notes that the meaning of regulation 30(1)(c) could be clearer if the provision referred to the “consultation bodies”, as defined in regulation 2(1), rather than “those authorities”, as drafted. That is particularly the case as no authorities appear to be referred to in regulation 30(1)(c). Accordingly, do we agree to draw the instrument to the attention of the Parliament on ground (h), as the meaning of regulation 30(1)(c) could be clearer?
Members indicated agreement.
The committee also notes that there are errors in regulations 13(5)(b), 18(1), 29(3) and 34 that are all similar in nature. Those provisions all fail to properly cross-reference other provisions in the same instrument or in other regulations, which the Scottish Government has acknowledged.
On that basis, do we also agree to draw the instrument to the attention of the Parliament on the general ground, as the regulations contain the following minor drafting errors related to cross-referencing: regulation 13(5)(b) refers to regulation 11(1) of the Environmental Information (Scotland) Regulations 2004 (SSI 2004/520) but was intended to refer to regulation 11(2) of those regulations; regulation 18(1) refers to a notice published under regulation 21(1) but was intended to refer only to regulation 14(2)(c); regulation 29(3) refers to particulars in paragraph (2)(c) but was intended to refer to paragraph (2)(a); and regulation 34 refers to regulations 30 to 32 but was intended to refer to regulations 31 to 33, on electronic communications?
Members indicated agreement.
The committee notes that the Scottish Government intends to bring forward an amending instrument to rectify the errors identified in the regulations. Do we agree to welcome the Scottish Government’s commitment to bring forward an amending instrument?
Members indicated agreement.
Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (SSI 2017/102)
The purpose of the regulations is to update and replace the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (SSI 2011/139) to implement certain provisions of directive 2014/52/EU. As with the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (SSI 2017/101), the committee notes that the regulations raise a matter of drafting clarity. Specifically, with regard to regulation 42(1)(c), it would be clearer if the provision referred to the “consultation bodies” as defined in regulation 2(1) rather than “those authorities”, as drafted. Accordingly, does the committee agree to draw the regulations to the Parliament’s attention on ground (h), as the meaning of regulation 42(1)(c) could be clearer?
Members indicated agreement.
The committee also notes that the instrument contains some minor drafting errors that have been acknowledged by the Scottish Government. I therefore seek the committee’s agreement to draw the regulations to the Parliament’s attention on the general reporting ground in the light of the following minor drafting errors. First, regulation 19(6)(b) refers to regulation 11(1) of the Environmental Information (Scotland) Regulations 2004 (SSI 2004/520) although it was intended to refer to regulation 11(2) of those regulations. Secondly, there is an error in schedule 6, which relates to revocations, in that it cites
“the Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2016”
instead of the 2015 regulations.
Again, the committee notes that the Scottish Government has confirmed that it intends to bring forward an amending instrument to make the necessary changes to regulations 19(6)(b) and 42(1)(c). Does the committee agree to recommend that the planned amendment should also correct the error in schedule 6?
Members indicated agreement.
Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Amendment Regulations 2017 (SSI 2017/112)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.