Net Zero, Energy and Transport Committee

Meeting date: Tuesday, November 16, 2021

Official Report 558KB pdf

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Subordinate Legislation

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Traffic Regulation Orders (Procedure) (Miscellaneous Amendments) (Scotland) Regulations 2021 (SSI 2021/348)

I welcome everyone back to the meeting. Agenda item 3 is consideration of Scottish statutory instruments.

The first instrument that we will consider has been laid under the negative procedure, which means that its provisions will come into force unless the Parliament agrees to a motion to annul it. No such motion to annul has been lodged.

I refer members to paper 2, which explains that the Delegated Powers and Law Reform Committee considered the regulations on 26 October and determined that it did not need to draw the Parliament’s attention to them on any grounds within its remit. However, a policy question on experimental road traffic orders was raised at the same meeting, and the convener of that committee has passed those comments on to us.

I also put it on record that the Scottish Parliament information centre has provided the committee with advice on the matter, clarifying that experimental road traffic orders have been possible in Scotland since the 1980s but have rarely been used in practice. SPICe also advises that the proposals in the regulations largely bring the Scottish regulations and the approval process into line with that already used in England and Wales. I give that background for purposes of transparency, given that the letter from the DPLR Committee is in the public domain and our papers today.

Do members have any comment on the regulations?

I found it useful for the regulations to be referred to the committee, because I think that there is a wider issue about the processes for traffic regulation orders being pretty cumbersome and time consuming, particularly for council officers.

I note that reform of this type of order will enhance the ability of members of the public to offer their views on the experimental orders that are being put in place, and that can form part of councils’ decision making on whether they should be taken forward in future. It is a welcome first step in amending these particular orders and making them fit for purpose.

As there are no further comments, I suggest that the committee write to the Scottish Government to request updates on how and when these powers will be exercised so that we can better understand and monitor the application of the orders. Are members agreed?

Members indicated agreement.

Finally, does the committee agree that it does not wish to make any further recommendations in relation to the regulations?

Members indicated agreement.

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Storage of Carbon Dioxide (Licensing etc) (EU Exit) (Scotland) (Amendment) Regulations 2021 (SSI 2021/354)

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Storage of Carbon Dioxide (Licensing etc) (EU Exit) (Scotland) (Amendment) Amendment Regulations 2021 (SSI 2021/383)

The other two instruments under consideration today are both subject to the negative procedure and have been made under powers under the European Union (Withdrawal) Act 2018. They amend definitions, references and expressions relating to EU law that require updating or correction following the UK’s withdrawal from the EU. SSI 2021/354 corrects deficiencies in the Storage of Carbon Dioxide (Licensing etc) (Scotland) Regulations, and SSI 2021/383 corrects a technical drafting error in SSI 2021/354 before it comes into effect on 1 December 2021.

I refer members to paper 3, which provides further background on both instruments. The Delegated Powers and Law Reform Committee considered both instruments on 9 November and determined that it did not need to draw the Parliament’s attention to the instruments on any grounds within its remit.

If members have no comments, does the committee agree that it does not wish to make any further recommendations on the instruments?

Members indicated agreement.