UK 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 Health and Sport Committee's consideration of notifications and related subordinate legislation.  The most recent instruments are at the top.

The Recognition of Professional Qualifications (EFTA States)

The Recognition of Professional Qualifications (EFTA States) (Miscellaneous Amendments) (EU Exit) Regulations 2019 

Date of receipt  4 October 2019 
Committee consideration  8 October 2019
Committee consent  8 October 2019

The Committee received a notification from the Cabinet Secretary for Finance, Economy and Fair Work on The Recognition of Professional Qualifications (EFTA States) (Miscellaneous Amendments) (EU Exit) Regulations 2019 on 4 October 2019.

Following consideration of the statutory notification at its meeting on 8 October, the Convener wrote to the Cabinet Secretary for Cabinet Secretary for Finance, Economy and Fair Work to confirm the Committee were content that the Scottish Government give consent to UK Ministers on its behalf in relation to the statutory notification.

The Recognition of Professional Qualifications (Misc. Provisions)

The Recognition of Professional Qualifications (Miscellaneous Provisions) (EU Exit) Regulations 2019 

Date of receipt  4 October 2019 
Committee consideration  8 October 2019
Committee consent  8 October 2019

The Committee received a notification from the Cabinet Secretary for Finance, Economy and Fair Work on The Recognition of Professional Qualifications (Miscellaneous Provisions) (EU Exit) Regulations 2019 on 4 October 2019.

Following consideration of the statutory notification at its meeting on 8 October, the Convener wrote to the Cabinet Secretary for Cabinet Secretary for Finance, Economy and Fair Work to confirm the Committee were content that the Scottish Government give consent to UK Ministers on its behalf in relation to the statutory notification.

Healthcare (EEA and Switzerland Arrangements)

Healthcare (European and Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019

Date of receipt  12 September 2019 
Committee considered 24 September  2019 
Committee consent 24 September 2019

The Committee received a notification from the Cabinet Secretary for Health and Sport on the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019 on 12 September 2019.

Following consideration of the statutory notification at its meeting on 24 September, the Convener wrote to the Cabinet Secretary for Health and Sport to confirm the Committee were content that the Scottish Government give consent to UK Ministers on its behalf in relation to the statutory notification. 

Food and Feed Hygiene and Safety (EU Exit) Regulations 2019

Food and Feed Hygiene and Safety (Miscellaneous Amendments) (EU Exit) Regulations 2019 

Date of receipt 22 March 2019 
Committee considered 2 April 2019
Committee consent 3 April 2019

The Committee received a notification from the Minister for Public Health, Sport and Wellbeing on the Food and Feed Hygiene and Safety (Miscellaneous Amendments) (EU Exit) Regulations 2019 on 22 March 2019.

Prior to the Committee's consideration of the notification on 2 April, the Convener wrote to the Minister for Public Health, Sport and Wellbeing seeking clarification on a range of issues. 

The Convener received a reply from the Minister for Public Health, Sport and Wellbeing on 1 April 2019.

Following consideration of the statutory notification at its meeting on 2 April, the Convener wrote to the Minister for Public Health, Sport and Wellbeing to confirm the Committee were content that the Scottish Government give consent to UK Ministers on its behalf in relation to the statutory notification. The Convener also requested assurance that the statutory notification would not lead to any changes in current practice in the usage of genetically modified maize. 

The Convener received a reply from the Minister for Public Health, Sport and Wellbeing on 23 April 2019.

Social Security Coordination and NHS Cross-Border Healthcare 

> Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019

> National Health Service (Cross-Border Healthcare and Miscellaneous Amendments) (EU Exit) Regulations 2019

Date of receipt  13 February 2019
Committee considered 5 March 2019
Committee consent 5 March 2019

The Committee received a notification from the Cabinet Secretary for Health and Sport on the above two Regulations on 13 February 2019.

On 14 February 2019 the Convener wrote to the Cabinet Secretary for Health and Sport seeking clarification on a range of issues.

The Convener received a reply from the Cabinet Secretary for Health and Sport on 19 February 2019.

Following consideration of the statutory notifications at its meeting on 5 March, the Committee wrote to the Cabinet Secretary for Health and Sport to confirm the Committee were content that the Scottish Government give consent to UK Ministers on its behalf in relation to the statutory notifications. The Committee also requested to be kept informed on progress regarding the continuation of reciprocal healthcare arrangements in the event of a 'no deal' situation.  

The Convener received a reply from the Cabinet Secretary for Health and Sport on 8 March 2019.  This also notified the Committee of the title change to the Social Security instrument.

Food (Amendment) (EU Exit) Regulations 2019

Food (Amendment) (EU Exit) Regulations 2019

Date of receipt  8 February 2019
Committee considered 5 March 2019
Committee consent 5 March 2019

The Committee received a notification from the Minister for Public Health, Sport and Wellbeing on the Food (Amendment) (EU Exit) Regulations 2019 on 8 February 2019.

On 21 February the Committee wrote to the Minister for Public Health, Sport and Wellbeing seeking clarification on a range of issues.

The Committee received a reply on 26 February 2019.

Following consideration of the statutory notification at its meeting on 5 March, the Committee wrote to the Minister for Public Health, Sport and Wellbeing to confirm the Committee were content that the Scottish Government give consent to UK Ministers on its behalf in relation to the statutory notification. 

European Qualifications (EU Exit) Regulations 2018

European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2018 

Date of receipt 11 December 2018 
Committee considered 18 December 2018 
Committee consent 19 December 2018

The Committee received a notification from the Cabinet Secretary for Health and Sport on the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2018 on 11 December 2018.

Prior to the Committee's consideration of the notification on 18 December 2018, the Clerk issued a letter to Scottish Government officials seeking clarification on two areas.  We received a response on 12 December and this formed part of a paper for the Committee meeting on 18 December.

Following consideration of the statutory notification at its meeting on 18 December, the Committee wrote to the Cabinet Secretary for Health and Sport to confirm the Committee were content that the Scottish Government give consent to UK Ministers on its behalf in relation to the statutory notification.

Nutrition (Amendment) (EU Exit) Regulations 2019

Nutrition (Amendment) (EU Exit) Regulations 2019

Date of receipt  5 December 2018
Committee considered 18 December 2018
Committee consent 19 December 2018

The Committee received a notification from the Minister for Public Health, Sport and Wellbeing on the Nutrition (Amendment) (EU Exit) Regulations 2019 on 5 December 2018.

On 12 December the Committee wrote to the Minister for Public Health, Sport and Wellbeing seeking clarification on a range of issues.

The Committee received a reply on 14 December 2018.

Following consideration of the statutory notification at its meeting on 18 December, the Committee wrote to the Minister for Public Health, Sport and Wellbeing to confirm the Committee were content that the Scottish Government give consent to UK Ministers on its behalf in relation to the statutory notification.

The Minister for Public Health, Sport and Wellbeing wrote to the Convener on 7 February 2019 to confirm that the Nutrition (Amendment etc) (EU Exit) Regulations 2019 was laid in the UK Parliament on 17 January 2019 and that the statutory instrument is consistent with the consent granted by the Scottish Government to UK Ministers.

Food Imports, Materials, Sprouts, Food Additives Regulations

3rd tranche

Food and Feed Imports (Amendment) (EU Exit) Regulations 2018

Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2018

Sprouts and Seeds (EU Exit) Regulations 2018

Animal Feed (Amendment) (EU Exit) Regulations 2018

Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment) (EU Exit) Regulations 2018 

Date of receipt  12 November 2018
Committee considered 20 November 2018, 27 November 2018
Committee consent 27 November 2018

The Committee received a notification from the Minister for Public Health, Sport and Wellbeing on the above five Regulations on 12 November 2018.

Following consideration of the statutory notifications at its meeting on 20 November, the Committee wrote to the Minister for Public Health, Sport and Wellbeing seeking clarification on a range of issues.

The Committee received a reply on 23 November 2018.

Following consideration of the statutory notifications at its meeting on 27 November, the Committee wrote to the Minister for Public Health, Sport and Wellbeing to confirm the Committee were content that the Scottish Government give consent to UK Ministers on its behalf in relation to the statutory notifications.

The Minister for Public Health, Sport and Wellbeing wrote to the Convener on 19 February 2019 to confirm all five statutory instruments were laid in the UK Parliament on 5 February 2019 and that all five statutory instruments are consistent with the consent granted by the Scottish Government to UK Ministers.

Food, Animal Feed and Health, GM and Novel Foods Regulations

2nd tranche

Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2018

Genetically Modified Food and Feed (Amendment etc) (EU Exit) Regulations 2018

Official Controls for Feed, Food and Animal Health (Amendment) (EU Exit) Regulations 2018

Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2018

Novel Food (Amendment) (EU Exit) Regulations

Date of receipt 30 October 2018 
Committee considered 20 November 2018
Commitee consent 20 November 2018

The Committee received a notification from the Minister for Public Health, Sport and Wellbeing on the above five Regulations on 30 October 2018.

In advance of its meeting on 20 November, the Committee wrote on 8 November to the Minister for Public Health, Sport and Wellbeing seeking further information on the notifications.

The Committee received a reply on 12 November 2018.

The Committee considered the statutory notifications at its meeting on 20 November.  The Convener wrote to the Minister for Public Health, Sport and Wellbeing on 20 November to confirm the Committee were content that the Scottish Government give consent to UK Ministers on its behalf in relation to the statutory notifications. (Alex Cole-Hamilton, Member of the Committee, dissented from this agreement).

The Minister for Public Health, Sport and Wellbeing wrote to the Convener on 19 February 2019 to confirm all five statutory instruments were laid in the UK Parliament on 4 February 2019 and that all five statutory instruments are consistent with the consent granted by the Scottish Government to UK Ministers.

Foodstuffs and Hygiene Regulations

1st tranche

General Food Law (EU Exit) Regulations 2018

General Foodstuffs Hygiene (EU Exit) Regulations 2018

Specific Foodstuffs (Hygiene) (EU Exit) Regulations 2018

Contaminants in Food (Amendment) (EU Exit) Regulations 2018

Quick-Frozen Foodstuffs (EU Exit) Regulations 2018

Date of receipt  8 October 2018 
Committee considered 23 October 2018, 6 November 2018, 13 November 2018
Committee consent     13 November 2018

The Committee received a notification from the Minister for Public Health, Sport and Wellbeing on the above five Regulations on 8 October 2018.

In advance of its meeting on 23 October, the Committee wrote to the Minister for Public Health, Sport and Wellbeing seeking further information on the notifications.

The Committee received a reply on 23 October.

Following consideration of the statutory notifications at its meeting on 23 October, the Committee wrote to the Minister for Public Health, Sport and Wellbeing to seek further clarification in relation to possible implications arising from a recent BSE case in Aberdeenshire.

The Committee received a reply on 31 October.

The Committee received a further letter from the Minister for Public Health, Sport and Wellbeing on 5 November regarding the 28 day scrutiny period on the statutory notifications and to advise that the Westminster laying schedule had been postponed until the week commencing 19 November 2018.

The Committee took oral evidence from the Minister for Public Health, Sport and Wellbeing at its meeting on 6 November. 

Following this meeting, the Committee wrote to the Minister requesting further information on a range of issues.

The Committee received a response on 12 November 2018.

The Committee further considered the statutory notifications at its meeting on 13 November.  The Convener wrote to the Minister for Public Health, Sport and Wellbeing on 13 November to confirm the Committee were content that the Scottish Government give consent to UK Ministers on its behalf in relation to the statutory notifications. (Alex Cole-Hamilton, Member of the Committee, dissented from this agreement).

The Minister for Public Health, Sport and Wellbeing wrote to the Convener on 19 February 2019 to confirm all five statutory instruments were laid in the UK Parliament on 31 January 2019 and that all five statutory instruments are consistent with the consent granted by the Scottish Government to UK Ministers.

Human Tissue, Organs and Blood Safety and Quality Regulations

Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations

Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations

Blood Safety and Quality (Amendment) (EU Exit) Regulations

Date of receipt 28 September 2018
Committee considered 2 October 2018, 23 October 2018, 6 November 2018
Committee consent     7 November 2018

The Committee received a notification from the Minister for Public Health, Sport and Wellbeing on the above three Regulations on 28 September 2018.

The Committee first considered these notifications at its meeting on 2 October and agreed to issue correspondence to the Minister for Public Health, Sport and Wellbeing to seek further clarification on what powers to make regulations will sit with UK and which with devolved administrations. We also sought further information from relevant stakeholders.

The Minister for Public Health, Sport and Wellbeing responded to our letter on 16 October 2018.

The following stakeholder responses were also received.

The Committee wrote to Jackie Doyle-Price MP, Parliamentary Under Secretary of State for Mental Health, Inequalities and Suicide Prevention on the statutory notifications on 25 October 2018.

Jackie Doyle-Price MP, Parliamentary Under Secretary of State for Mental Health, Inequalities and Suicide Prevention responded to our letter on 31 October 2018.

On 1 November 2018 the Minister for Public Health, Sport and Wellbeing wrote to the Convener to confirm that the Scottish Government were content with the information received from the UK Government on the statutory notifications.

The Committee further considered the statutory notifications at its meeting on 6 November.  The Convener wrote to the Minister for Public Health, Sport and Wellbeing on 7 November to confirm the Committee were content that the Scottish Government give consent to UK Ministers on its behalf in relation to the statutory notifications.

Following the meeting on 6 November, the Committee also wrote to The Rt. Hon. David Lidington CBE MP, Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster regarding the provision of full and timely information to the Scottish Government from the UK Government on all future UK Statutory Instrument Proposals. 

The Minister for Public Health, Sport and Wellbeing wrote to the Convener on 29 November 2018 to confirm all three statutory instruments were laid in the UK Parliament on 19 November and that all three statutory instruments are consistent with the consent granted by the Scottish Government to UK Ministers.

Tobacco Products and Nicotine Inhaling Products

Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2018

Date of receipt  13 September 2018 
Committee considered 25 September 2018
Committee consent       25 September 2018

The Committee received a notification from the Minister for Public Health, Sport and Wellbeing on the Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2018 on 13 September 2018.

The Committee considered this statutory notification at its meeting on the 25 September and wrote to the Minister for Public Health, Sport and Wellbeing to confirm the Committee were content that the Scottish Government give consent to UK Ministers on its behalf in relation to the statutory notification. 

The Minister for Public Health, Sport and Wellbeing wrote to the Convener on 4 December 2018 to confirm that the Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2018 was laid in the UK Parliament on 1 November 2018 and that the statutory instrument is consistent with the consent granted by the Scottish Government to UK Ministers.

Correspondence

Correspondence relating to the impact of Brexit on food standards and labelling

The Committee has been considering a number of Statutory Instrument notifications and Scottish Statutory Instruments relating to food and Brexit.

The Committee wrote to the Minister for Public Health, Sport and Wellbeing on 13 March 2019 regarding the protection of food standards, labelling and products which have a Geographical Indication in Scotland.

The Minister for Public Health, Sport and Wellbeing responded on 28 March 2019.

 
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