Delegated Powers and Law Reform Committee

Meeting date: Tuesday, May 30, 2017

Official Report 326KB pdf

Instruments subject to Negative Procedure

Loch Carron Urgent Marine Conservation Order 2017 (SSI 2017/158)

The Loch Carron Nature Conservation Marine Protected Area Order 2017 designated Loch Carron as a nature conservation marine protected area with effect from 19 May 2017. That order provides that the flame shell beds in Loch Carron are protected features.

The order that the committee is considering has been brought into force urgently to further the stated conservation objectives of the Loch Carron marine protected area order. SSI 2017/158 fails to comply with the 28-day rule in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which provides that an instrument that is subject to the negative procedure must be laid before Parliament as soon as practicable after it is made, and in any event at least 28 days before it comes into force.

As SSI 2017/158 was made and laid before Parliament on 18 May 2017 and came into force on 20 May 2017, it does not respect the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument.

Accordingly, does the committee agree to draw the order to Parliament’s attention under reporting ground (j), as there has been a failure to lay it in accordance with section 28(2) of the 2010 act, for the reason that I just outlined?

Members indicated agreement.

Does the committee also agree to find the failure to comply with section 28(2) to be acceptable in the circumstances, as outlined in the letter of 18 May 2017 from the head of marine conservation, on behalf of the Scottish ministers, to the Presiding Officer, which is included in our meeting papers?

Members indicated agreement.