Delegated Powers and Law Reform Committee
Meeting date: Tuesday, December 21, 2021
Official Report 455KB pdf
Contents
- Attendance
- Instrument subject to Made Affirmative Procedure
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Under agenda item 3, we are considering instruments subject to the negative procedure. An issue has been raised on the following instrument.
Red Rocks and Longay Urgent Marine Conservation (No 2) Order 2021 (SSI 2021/463)
The instrument revokes and replaces the Red Rocks and Longay Urgent Marine Conservation Order 2021 (SSI 2021/131), due to the extension of the boundary of the designated Red Rocks and Longay area of the inner sound of Skye marine protected area. The instrument is to be brought into force urgently to further the stated conservation objectives for the marine protected area to protect flapper skate and their eggs.
The instrument was made and laid before the Parliament on 9 December 2021 and came into force on 16 December 2021. Accordingly, it does not respect the requirement in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 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.
In its letter to the Presiding Officer explaining the reason why the 28-day rule has not been complied with, the Scottish Government outlined that, following advice from NatureScot, the extended marine protected area has been redesignated urgently and section 28(2) has been breached to remove the risk of further impacts on the flapper skate nursery area as soon as possible.
Does the committee agree to report the instrument on reporting ground (j), on the basis that there has been a failure to lay the instrument in accordance with laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010? Also, is the committee content with the Scottish Government’s explanation provided for the failure to comply with the laying requirements?
No member has indicated that they are not content or that they wish to speak, so we are agreed.
Also under this agenda item, no points have been raised on the following instruments.
Abortion (Scotland) Amendment Regulations 2021 (SSI 2021/457)
Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Separations) (Scotland) Amendment Regulations 2021 (SSI 2021/461)
Education (Miscellaneous Amendments) (Coronavirus) (Scotland) (No 2) Regulations 2021 (SSI 2021/462)
Conservation of Salmon (Scotland) Amendment Regulations 2021 (SSI 2021/466)
Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2021 (SSI 2021/467)
Social Security (Period for Re-determination Requests) (Miscellaneous Amendments) (Scotland) Regulations 2021 (SSI 2021/469)
Is the committee content with the instruments?
No member has indicated that they are not content or that they wish to speak, so we are agreed.