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Further, it provides that the Scottish Ministers must also lay before the Parliament a response to the Commission's report on the proposals for the regulations.
The provision will ensure a level playing field for GB businesses that supply biocidal active substances and products, and ensure continued access to affected products that are on the market and currently going through the review programme. Intended laying date (if known) of instruments likely to arise UK Government has proposed a laying date of 26 November 2025.
The UK Government Department for the Environment Food and Rural Affairs intends to make and lay the 2023 regulations on 29 June 2023 at Westminster; they are subject to the negative procedure.
Summary of reasons for Scottish Ministers’ proposing to consent to UK Ministers legislation Scottish Parliamentary consent has not been sought by the UK Government for the laying of the SI as it is the position of the UK Government that these provisions are reserved.
These include checking that any pre-laying requirements have been met, that the power it is made under is being used as was anticipated, and that the instrument is clear and legally workable.
To assist the Committee, please explain why it has been considered appropriate to lay the Regulations on 15th December, and so why they could not be planned for laying at an earlier date which would have complied with the 28 day rule.
However, the duty is expressly qualified by subsection (6), which allows Scottish Ministers to lay a statement explaining why such regulations have not been brought forward within the timeframe.
The Committee draws the instrument to the attention of the Parliament under reporting ground (j) on the basis that there was a failure to lay the instrument in accordance with laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010.
Committee reports
Date published:
6 September 2019
This does not meet the requirement that at least 28 days should elapse between the laying of an instrument which is subject to the negative procedure and the coming into force of that instrument.