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To allow additional time for scrutiny, the Committee took the unusual step of requesting that the Scottish Government withdraw the regulations and re-lay them in the New Year. The Scottish Government agreed that additional time for consideration would benefit both the Committee and stakeholders, and accordingly withdrew the regulations, re-laying them on 27 February 2025.
The Committee also highlights that confirmation has been obtained in this correspondence that the Ombudsman has fulfilled the requirement in section 16A(7)(a) to consult the Scottish Ministers, in particular, before laying the document. This was not mentioned in the laying documents.
The Committee draws the instrument to the attention of the Parliament under reporting ground (j) for failure to comply with the laying requirements in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.
Once those budgets have been set, the Scottish Ministers will be duty bound under the amended section 35 to lay the first climate change plan before the Parliament as soon afterwards as is practicable.
The Minister acknowledged the technical issues highlighted by the DPLR Committee, as well as the wider issues raised by stakeholders, and committed to lay amending regulations to delay the commencement of the Code after further consultation over the summer.
The Committee draws this instrument to the attention of the lead Committee, the Rural Economy and Connectivity Committee, under reporting ground (j) for failing to comply with laying requirements.