Statutory Instruments - European Union (Withdrawal) Act 2018

 

Notifications of Statutory Instruments

Ahead of the UK's withdrawal from the European Union, the Scottish Government has written to the Finance and Constitution Committee and the Delegated Powers and Law Reform Committee of the Scottish Parliament outlining its approach to affording Parliament the opportunity to scrutinise proposals to consent to the UK Government legislating in devolved areas.

The Scottish Government and the Scottish Parliament have agreed a protocol for notification of Parliament of Scottish Government proposals.

This page contains details of the Environment, Climate Change and Land Reform Committee's consideration of notifications and related subordinate legislation.  The most recent instruments are at the top.

Correspondence

The Control of Trade in Endangered Species (Amendment) (EU Exit) Regulations 2018

The Waste (Miscellaneous Amendments) (EU Exit) (No.2) Regulations 2018

 

The Committee received a notification from the Cabinet Secretary on 12 December 2018.

The Animals and Food (Transfer of Functions) (EU Exit) Regulations 2018

 

In advance of the Committee's consideration of the instrument, the Committee wrote to the Scottish Government:

The Committee received a notification from the Cabinet Secretary on 12 December 2018.

The Import and Trade of Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2018

 

The Committee received a notification from the Cabinet Secretary on 12 December 2018.

In advance of the Committee’s consideration, it wrote to the Scottish Government seeking further information:

Chemicals (Health and Safety) and Genetically Modified Organisms (Amendment of Retained EU Law) (EU Exit) Regulations 2018

 

The Committee received a notification from the Cabinet Secretary on 7 December 2018.

In advance of the Committee's consideration, it wrote to the Scottish Government seeking further information:

The REACH (Amendment) (EU Exit) Regulations 2019

 

In advance of the Committee’s consideration, it wrote to the Scottish Government seeking further information:

The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2018

 

The Committee received a notification from the Cabinet Secretary on 27 November 2018.

The Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2018 

 

The Committee received a notification from the Minister for Rural Affairs and the Natural Environment on 22 November 2018.  

In advance of the Committee’s consideration, it wrote to the Scottish Government seeking further information: 

The Agriculture (Zootechnics) (UK) (EU Exit) (Miscellaneous Amendments) and the Farriers (Registration) and Animal Health (Amendment) (EU Exit) Regulations 2019

 

The Committee received a notification from the Minister for Rural Affairs and the Natural Environment on 15 November 2018.

The Marine Environment (Amendment) (EU Exit) Regulations 2018

 

Date of receipt 15 Nov 2018 | Consideration 4 Dec 2018 | Report due by 12 Dec 2018

The Committee received a notification from the Cabinet Secretary for Environment, Climate Change and Land Reform on 14 November 2018.

The Storage of Carbon Dioxide (Amendment) (EU Exit) Regulation 2018

 

The Committee received a notification from the Minister for Energy, Connectivity and the Islands the Storage of Carbon Dioxide (Amendment) (EU Exit) Regulations 2018 on 22 November. The Scottish Government advise that BEIS intend to lay the SI on 29 November, which does not allow the full 28 day scrutiny period. 

The Air Quality (Amendment etc.) (EU Exit) (No. 1) Regulations 2018 and the Air Quality (Amendment) (EU Exit) (No. 2) Regulations 2018

 

In advance of its meeting on 4 December, the Committee sought further information from the Scottish Government:

The Committee received a notification from the Cabinet Secretary for the Environment, Climate Change and Land Reform on 13 November 2018.

Council Regulation 3254/91 on Leghold Traps etc. (UK) (EU Exit) (Miscellaneous Amendments) 2018

 

The Committee received a notification from the Cabinet Secretary for the Environment, Climate Change and Land Reform on 13 November 2018.

The Nagoya Protocol (Compliance) (UK) (EU Exit) Regulations 2018

 

The Committee received a notification from the Cabinet Secretary for the Environment, Climate Change and Land Reform on 13 November 2018.

Waste (Miscellaneous) Amendments (EU Exit) Regulations 2019

 

The Committee received a notification from the Cabinet Secretary for the Environment, Climate Change and Land Reform on 9 November 2018. 

Fluorinated Greenhouse Gases and Ozone-Depleting Substances (EU Exit) (Miscellaneous Amendments) Regulations 2018

 

In advance of the Committee’s meeting on 4 December, the Committee sought further information from the Scottish Government:

The Committee received a notification from the Cabinet Secretary for the Environment, Climate Change and Land Reform on 8 November 2018.

The Justification of Practices for Ionising Radiation, Radioactive Contaminated Land (England) (Northern Ireland) and Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Miscellaneous Amendments) (EU Exit) Regulations 2018

 

The Committee received a notification from the Cabinet Secretary for the Environment, Climate Change and Land Reform on 8 November 2018.

The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2018 and the Animal Welfare (Amendment) (EU Exit) Regulations 2018

 

In advance of its meeting on 4 December, the Committee sought further information from the Scottish Government in relation to the Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2018:

The Committee received a notification from the Minister for Rural Affairs and Natural Environment on 8 November 2018.

The Persistent Organic Pollutants (EU Exit) Regulations 2018 & The Control of Mercury (EU Exit) Regulations 2018

 

Date of receipt 8 Nov 2018 | Consideration 4 Dec 2018 | Report due by 5 Dec 2018

In advance of its meeting on 4 December, the Committee sought further information from the Scottish Government:

The Committee received notifications from the Cabinet Secretary for the Environment, Climate Change and Land Reform on The Persistent Organic Pollutants (EU Exit) Regulations 2018 & The Control of Mercury (EU Exit) Regulations 2018 on 8 November 2018.

The Floods and Water (Amendments etc.) (EU Exit) Regulations 2018 and the Environment (Miscellaneous Amendments) (EU Exit) Regulations 2018

 

The Committee received notifications from the Cabinet Secretary for the Environment, Climate Change and Land Reform on the Environment (Miscellaneous Amendments) (EU Exit) Regulations 2018 and the Floods and Water (Amendments etc.) (EU Exit) Regulations 2018 on 5 November 2018.

The Health and Safety (Amendment) (EU Exit) Regulations 2018/ The Genetically Modified Organisms and Control of Major Accident Hazards

 

The Committee received a notification from the Cabinet Secretary and Minister for Rural Affairs and the Natural Environment on the Health and Safety (Amendment) (EU Exit) Regulations 2018 on 1 November 2018.

Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2018

 

The Committee received a notification from the Cabinet Secretary on the Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2018 on 2 October 2018.

In advance of its meeting on 24 October, the Committee wrote to the Scottish Government seeking information on the notification:

The Committee received a reply from the Cabinet Secretary on 12 October 2018:

On 12 October, the Scottish and Welsh Governments wrote to the UK Government on the publication of the technical note on the EU Emissions Trading System and a 'no deal' scenario.

The Committee considered the consent notification on 23 24 October.

Written Submissions

The Committee considered the notification at its meeting on 24 October 2018 and subsequently wrote to the Cabinet Secretary for Environment, Climate Change and Land Reform on 26 October 2018.to confirm its support for the Scottish Government to give its consent for the UK Parliament to legislate on behalf of the Scottish Parliament.

The Committee wrote to the Chancellor of the Exchequer, Phillip Hammond, and the Minister of State for Energy and Clean Growth, Claire Perry, on the statutory instrument:

The Cabinet Secretary replied to the Committee on 7 November 2018.

  • Letter from the Cabinet Secretary, 7 November 2018.

The Committee received a response from Minister of State for Energy and Clean Growth:

The Committee has not been notified by the Scottish Government that this SI has been laid in the UK Parliament.

Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2018

 

The Justification Decision Powers (EU Exit) Regulations 2018

 

The Committee received a notification from the Cabinet Secretary on the Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2018 and The Justification Decision Powers (EU Exit) Regulations 2018 on 18 September 2018.

The Committee considered the consent notification on 25 September.

Following the meeting, Scottish Government officials sent written updates in response to questions on:

The Committee reported on the notification on 2 October 2018 and confirmed its support for the Scottish Government to give its consent for the UK Parliament to legislate on behalf of the Scottish Parliament. Read the report at the following link:

The Cabinet Secretary responded to the Committee’s report on 9 November 2018:

The Committee has not been notified by the Scottish Government that these SIs have been laid in the UK Parliament.

 
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