Chamber and committees

UK subordinate legislation - The Animal Health, Plant Health, Seeds and Seed Potatoes (Miscellaneous Amendments) Regulations 2021

Letter from the Minister for Environment and Land Reform to the NZET Convener, 16 September 2021

Dear Mr Lockhart

EU Exit Legislation – Protocol with Scottish Parliament

The Animal Health, Plant Health, Seeds and Seed Potatoes (miscellaneous amendments) Regulations 2021 “PH/34”

The Phytosanitary Conditions (amendment) (No. 2) Regulations 2021 “PH/026”

I am writing in relation to the protocol on obtaining the approval of the Scottish Parliament to proposals by the Scottish Ministers to consent to the making of UK secondary legislation affecting devolved areas arising from EU Exit.

That protocol, as agreed between the Scottish Government and then Parliament, accompanied the letter from the former Cabinet Secretary for Government Business and Constitutional Relations, Michael Russell MSP, to the Conveners of the Finance & Constitution and Delegated Powers and Law Reform Committees on 4 November 2020 and replaced the previous protocol that was put in place in 2018.

I attach two Type 1 notifications which sets out the details of the following SIs:

• The Animal Health, Plant Health, Seeds and Seed Potatoes (Miscellaneous Amendments) Regulation 2021 – PH/34

• The Phytosanitary Conditions (Amendment) (No. 2) Regulations 2021 – PH/026

which the UK Government propose to make and the reasons why I am content that Scottish devolved matters are to be included in this SI. Please note, we are yet to have sight of the final SI and it is not available in the public domain at this stage. We will, in accordance with the protocol, advise you when the final SI is laid and advise you as to whether the final SI is in keeping with the terms of this notification.

On current Defra plans, PH/34 is being laid for sift on 12 October and PH/026 on 21 October. Both are being laid on a negative basis.

I am copying this letter to the Convener of the Delegated Powers and Law Reform Committee and the Convener of Rural Affairs, Islands and Natural Environment Committee.

On this occasion, I am pleased to advise the Scottish Parliament will have 28 days to consider both these notifications.

I look forward to hearing from you in due course

Yours sincerely,

Màiri McAllan

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