Economy, Energy and Fair Work Committee

Meeting date: Tuesday, January 22, 2019

Official Report 692KB pdf

European Union (Withdrawal) Act 2018

Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 [Draft]

Agenda item 3 is on the European Union (Withdrawal) Act 2018. We are considering the Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019, which are made under the powers conferred by that act on the devolved authorities.

Under the protocol between the Scottish Parliament and the Scottish Government, the committee is required to consider whether the procedure that is attached to the Scottish statutory instrument is appropriate or should be changed. The instrument is subject to the affirmative procedure, which reflects previous practice for instruments in the area of cross-border insolvency that make changes to primary legislation.

Is the committee content that the affirmative procedure is appropriate for scrutinising the instrument?

My understanding is that, today, we are looking purely at whether the procedure should be affirmative and not at the content, which will be dealt with later. If that is so, I am happy to support such an approach.

Yes—this is purely about the procedure.

As the committee has confirmed that it is content, we will now move into private session.