Minutes: 09 November 2021

1. Decision on taking business in private:

The Committee agreed to take items 8 and 9 in private.

2. European Union (Withdrawal) Act 2018:

The Committee agreed the following instruments had been laid under the appropriate procedure and given the appropriate categorisation—

Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 (SSI 2021/354)
Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Amendment Regulations 2021 (SSI 2021/383)

3. European Union (Withdrawal) Act 2018:

The Committee agreed that the following instrument had been given the appropriate categorisation—

Plant Health (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2021 (SSI 2021/Draft)

4. Instruments subject to made affirmative procedure:

The Committee agreed to draw to the attention of the Parliament the following—

Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 5) Regulations 2021 (SSI 2021/359)

The Committee agreed that no points arose on the following—

Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 6) Regulations 2021 (SSI 2021/382)
Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 3) Regulations 2021 (SSI 2021/384)

5. Instruments subject to affirmative procedure:

The Committee agreed that no points arose on the following—

Relevant Adjustments to Common Parts (Disabled Persons) (Scotland) Amendment Regulations 2021 (SSI 2021/Draft)
Eggs (Amendment) (Scotland) Regulations 2021 (SSI 2021/Draft)
Scottish Dog Control Database Order 2021 (SSI 2021/Draft)
Plant Health (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2021 (SSI 2021/Draft)
Redress for Survivors (Historical Child Abuse in Care) (Payments Materially Affected by Error) (Scotland) Regulations 2021 (SSI 2021/Draft)
Coronavirus Act 2020 (Early Expiry of Provisions) (Scotland) Regulations 2021 (SSI 2021/Draft)

6. Instruments subject to negative procedure:

The Committee agreed to draw to the attention of the Parliament the following—

Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 (SSI 2021/354)

The Committee agreed that no points arose on the following—

National Health Service (Pharmaceutical Services)(Scotland) Amendment Regulations 2021 (SSI 2021/367)
Protection of Vulnerable Groups (Scotland) Act 2007 (Applications for Removal from List and Late Representations) Amendment Regulations 2021 (SSI 2021/379)
Disclosure (Scotland) Act 2020 (Commencement No. 1 and Transitory Provision) Regulations 2021 (SSI 2021/380 (C. 28))
Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Amendment Regulations 2021 (SSI 2021/383)

7. Instruments not subject to any parliamentary procedure:

The Committee agreed that no points arose on the following—

Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 16) Order 2021 (SSI 2021/355)
Lands Tribunal for Scotland (Miscellaneous Amendments) Amendment Rules 2021 (SSI 2021/386)

8. Elections Bill (UK Parliament legislation) (in private):

The Committee considered the powers to make subordinate legislation conferred on Scottish Ministers in the Elections Bill (UK Parliament legislation) and agreed to report to the lead committee.

9. Work programme (in private):

The Committee agreed to hold a short inquiry into the use of the made affirmative procedure during the pandemic. The Committee will consider the inquiry’s remit and timetable at a future meeting.