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Chamber and committees

Meeting date: Tuesday, May 7, 2019

Health and Sport Committee 07 May 2019

Agenda: European Union (Withdrawal) Act 2018, Subordinate Legislation, Human Tissue (Authorisation) (Scotland) Bill: Stage 2


European Union (Withdrawal) Act 2018

Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/142)

The Convener (Lewis Macdonald)

Good morning and welcome to the 13th meeting in 2019 of the Health and Sport Committee. I ask everyone in the room to ensure that their mobile phones are off or on silent and not to use mobile devices for photography or recording.

Under agenda items 1 and 2, the committee will consider the Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019, which are related to the European Union (Withdrawal) Act 2018. The purpose of the regulations is to make minor technical changes that are required to correct legislative deficiencies that will arise as a consequence of the United Kingdom leaving the European Union. Under item 1, we will consider the categorisation of the regulations.

Colleagues will be familiar with the protocol that has been agreed between the Scottish Government and the Scottish Parliament for the categorisation of significance of Scottish statutory instruments laid under the European Union (Withdrawal) Act 2018. The protocol sets out an approach for that categorisation and gives the Delegated Powers and Law Reform Committee a role in highlighting to the lead committee whether there is a categorisation issue. In this case, the SSI has been categorised as medium, and the Scottish Government has identified that the negative procedure is appropriate for it.

The DPLR Committee considered the SSI at its meeting on 30 April and agreed that it had been laid under the appropriate procedure and had been given the appropriate categorisation. There were no matters that the DPLR Committee wished to draw to the attention of this committee.

Are members content that the procedure and the categorisation that the Scottish Government has given to the regulations are appropriate?

Members indicated agreement.