Chamber and committees

Waste and Agriculture (Legislative Functions) Regulations 2021 - 11 November 2021

Letter from the Convener to the Minister for Public Finance, Planning and Community Wealth - 11 November 2021

Dear Tom,

Waste and Agriculture (Legislative Functions) Regulations 2021

At its meeting on 9 November 2021, the Committee agreed it was content to approve the Scottish Government’s proposed consent to the aspects of the proposed Waste and Agriculture (Legislative Functions) Regulations 2021 that are within the remit of this committee, being those concerning the management of waste from extractive industries.  The other aspects of the proposed SI are being considered separately by the committees within whose remits they fall.

The Committee also agreed to seek further information in relation to the following issues, as regard the provisions conferring power to amend the Management of Extractive Waste (Scotland) Regulations 2010:
• How the Scottish Government would replicate the requirement that applied to the European Commission for any amendments to the Regulations using these powers to achieve a high level of environmental protection?
• Whether any Regulations amending the requirements of the Management of Extractive Waste (Scotland) Regulations 2010 would be subject to the negative or affirmative procedure?
• Why Scottish Ministers consider it appropriate for these particular new powers to be conferred not just on themselves but also on the Secretary of State, subject to a consent requirement, and in what circumstances the Scottish Government would consider it appropriate for the UK Government to legislate in this area?

As context for the third question, the notification says that the powers are being conferred in this way (to the Secretary of State as well as to the Scottish Ministers) because there are overlapping reserved and devolved responsibilities within the area of waste, however this does not appear to apply in relation to the management of extractive waste aspect that is within the remit of this committee.

I look forward to hearing from you and request a response by 7 December 2021.

Yours sincerely

Ariane Burgess
Convener, Local Government, Housing and Planning Committee