Subordinate (Secondary) Legislation and Legislative Consent Memorandums

 

Subordinate Legislation - Scottish Statutory Instruments

The Scottish Statutory Instruments (SSIs) listed below have been laid and will be considered at future meetings of the Committee. 

Recent COVID-19 SSI considerations are listed for information.  All Scottish Statutory Instruments can be searched on legislation.gov.uk using the search bars and drop-down menu. 

Further information on SSIs and their process can be found on the Delegated Powers and Law Reform Committee page.

Negative instruments

There are currently no negative instruments awaiting consideration.

Affirmative (draft) instruments

The Human Tissue (Excepted Body Parts) (Scotland) Regulations 2020.

The above instrument will be considered at a future Committee meeting.  Date to be confirmed.

COVID-19 related Scottish Statutory Instruments

COVID-19 related instruments that have been considered, or are due to be considered, are noted below: 

6 October 2020

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 15) Regulations 2020 (SSI 2020/288)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 18 September 2020.

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 16) Regulations 2020 (SSI 2020/301) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 25 September 2020. 

22 September 2020

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 13) Regulations 2020 (SSI 2020/274)

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 4 September 2020:

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 14) Regulations 2020 (SSI 2020/280)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 11 September 2020: 

Meeting papers:

15 September 2020 

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 11) Regulations 2020 (SSI 2020/263)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 27 August 2020: 

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 12) Regulations 2020

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 2 September 2020:

Meeting papers:

8 September 2020       

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 10) Regulations 2020 (SSI 2020/252) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 21 August 2020:

Meeting papers:

1 September 2020

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 9) Regulations 2020 (SSI 2020/242) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 14 August 2020: 

Meeting papers:

Tuesday 25 August 2020 

Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 3) Regulations 2020 (SSI 2020/209) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 8 July 2020:

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 4) Regulations 2020 (SSI 2020/221)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 20 July 2020:

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 5) Regulations 2020 (SSI 2020/224) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 25 July 2020:

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 6) Regulations 2020 (SSI 2020/229)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 27 July 2020:

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 7) Regulations 2020 (SSI 2020/233) 

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 30 July 2020:

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 8) Regulations 2020 (SSI 2020/235)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 6 August 2020:

Meeting papers: 

Correspondence:

Further to the evidence session on 25 August 2020, the Convener issued a letter to the Cabinet Secretary for Justice regarding a number of issues raised and information offered during the debate on the Regulations.

The Convener received a response on 3 September 2020.

Tuesday 23 June 2020

The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (SSI 2020/169)

The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020 (SSI 2020/170) 

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2020 (SSI 2020/171)

The Cabinet Secretary for Justice wrote to the Convener in relation to data provided at the evidence session on 23 June regarding contact with travellers arriving in Scotland.

The Convener issued a response to the above letter on 7 July 2020 seeking clarification on a number of issues raised and received a response on 14 July 2020.

Thursday 4 June 2020 

The Adults with Incapacity (Ethics Committee) (Scotland) (Coronavirus) Amendment Regulations 2020 (SSI 2020/151) 

Tuesday 25 February 2020

The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2020 (SSI 2020/17)

Tuesday 10 March 2020

The Public Health etc. (Scotland) Act 2008 (Notifiable Diseases and Notifiable Organisms) Amendment Regulations 2020 (SSI 2020/51)

Other correspondence

The Cabinet Secretary for Justice wrote to the Convener regarding The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 2) Regulations 2020 (SSI 2020/184) on 20 June 2020: 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2020 and completion of the three week review on 10 August 2020:

The Committee received correspondence from the Cabinet Secretary for Justice regarding the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2020 and completion of the three week review on 31 August 2020:

The Committee received correspondence from the Cabinet Secretary for Justice regarding the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2020 and completion of the three week review on 22 September 2020: 

Legislative Consent Memorandums

Legislative Consent Memorandums are usually lodged in the Scottish Parliament by the Scottish Government. They relate to Bills under consideration in the United Kingdom Parliament which contain what are known as “relevant provisions”. These provisions could:

> change the law on a “devolved matter” (an area of policy which the UK Parliament devolved to the Scottish Parliament in the Scotland Act 1998); or

> alter the “legislative competence” of the Scottish Parliament (its powers to make laws) or the “executive competence” of Scottish Ministers (their powers to govern).

Watch a short video about legislative consent here.

Legislative Consent Memorandum on the Coronavirus Bill

The UK Government introduced the Coronavirus Bill 2019-21 in the House of Commons on 19 March 2020.

The Scottish Government lodged a Legislative Consent Memorandum (LCM) on the Bill on 20 March 2020.

The Committee held an evidence session with the Cabinet Secretary for Health and Sport and supporting officials on 24 March 2020 on the LCM.

We received the following correspondence in relation to the Committee's consideration and evidence session on the LCM.

The Committee published its report on the LCM ahead of the Chamber Debate which took place in the afternoon of 24 March 2020.

Legislative Consent Memorandum on the Birmingham Commonwealth Games Bill

The UK Government introduced the Birmingham Commonwealth Games Bill ['the Bill'] in the House of Lords on 5 June 2019 and the Scottish Government lodged a legislative consent memorandum on the Bill on 19 June 2019.

We considered the LCM at our meeting on 29 October 2019 and agreed to report to Parliament that it should consent to the UK Parliament legislating in this area.

We published our report on the LCM on 30 October 2019:

The Bill however fell at the dissolution of the 2019 session for the UK general election on 12 December 2019. 

A new, albeit identical, Birmingham Commonwealth Games Bill was introduced in the House of Lords on 7 January 2020 and a new legislative consent memorandum was lodged on 30 January 2020 by Jeane Freeman, Cabinet Secretary for Heath and Sport.

We considered the LCM at our meeting on Tuesday 18 February 2020 and again agreed to report to Parliament that it should consent to the UK Parliament legislating in this area.

We published our report on the LCM on 26 February 2020:

 

for further information on the work of the Committee you can contact the Clerks on 0131 348 5224 or by e-mail at: [email protected]

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