Net Zero, Energy and Transport Committee

Meeting date: Tuesday, November 16, 2021

Official Report 558KB pdf

European Union (Withdrawal) Act 2018

Waste and Agriculture (Legislative Functions) Regulations 2021

Agenda item 4 is consideration of a proposal by the Scottish Government to consent to the UK Government’s legislating using powers under the European Union (Withdrawal) Act 2018 in relation to the proposed Waste and Agriculture (Legislative Functions) Regulations 2021. I refer members to paper 5 for background.

Although the proposed instrument cuts across a number of policy areas, the committee is focusing only on the environmental waste legislative functions. I also note by way of background that this is a type 1 consent notification, which means that the committee’s role is to decide whether it agrees with the Scottish Government’s proposal to consent to the UK Government’s making regulations within devolved competence.

I remind members that when we considered our work programme on 26 October, we agreed to write to the Scottish Government to clarify a number of questions on the instrument, and on 8 November we received a reply that clarifies the Scottish Government’s position.

Does the committee agree with the Scottish Government that the environmental provisions in the notification be included in the UK statutory instrument?

Members indicated agreement.

I close the public part of the meeting and move into private session.