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The Minister for Green Skills, Circular Economy and Biodiversity admitted to the Net Zero, Energy and Transport Committee that “further regulations” will need to be laid after the summer recess to—again—delay the date on which the deposit return scheme goes live in Scotland.
The instrument was laid on 22 December 2021 and came into force on 1 January 2022, during a recess period. As it was laid less than 28 days before it came into force, it is in breach of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which provides that a Scottish statutory instrument, subject to negative procedure, must be laid before Parliament at least 28 days before it comes into force (not counting recess periods of more than 4 days)..
The Scottish Government will publish its response to the consultation after the Building (Scotland) Amendment Regulations 2022 are laid in the Scottish Parliament soon after Easter recess with a proposed coming into force date of 1 June 2022.
The 2010 act requires that instruments that are subject to the negative procedure be laid at least 28 days before they come into force, not counting recess periods of more than four days.
Easter Recess Information about any time dependency associated with the proposal N/A Are there any broader governance issues in relation to this proposal, and how will these be regulated and monitored post-withdrawal?
Under section 28(2) of the Interpretation and Legislative Reform Scotland Act 2010, instruments that are subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days.
If such provision is to be made, it may require to come into force at comparatively short notice, at a time when Parliament may be in recess or unable to meet for reasons relating to coronavirus.