The Committee determined that it did not need to draw the attention of the lead committee to the delegated powers in the following sections of the Bill:
Section 9(4) – Power to add, remove, amend or further define the guiding principles
Section 13(1) – Duty to publish guidance on the guiding principles on the environment
Section 17(1) – Power to modify the functions of Environmental Standards Scotland
Section 44 – Ancillary provision
Section 45 – Commencement
Section 46 – Repeal of Part 1
Schedule 1, paragraph 2(7) – Power to amend the minimum and maximum members of Environmental Standards Scotland
The Committee agreed at its meeting on 19 August 2020 to write to the Scottish Government in relation to the delegated powers in the following sections of the Bill:
Section 1(1) – Power to make provision corresponding to EU law
Section 3(2) – Duration of the section 1(1) power
Section 10(4) – Power to specify matters or circumstances where the duties in sections 10(1) and (2) are not to apply
Section 39(5) – Power to provide that legislation is not environmental law
The response from the Scottish Government dated 31 August 2020 (see Annex B) was then considered by the Committee at its meeting on 8 September.