Chamber and committees

The instrument makes provision in connection with the preparation of local development plans under the Town and Country Planning (Scotland) Act 1997. In correspondence with the Scottish Government, which has been published alongside the agenda for the meeting, the committee highlighted an apparent failure to narrate in the preamble that the consultation requirement in section 16B(15) of the 1997 act had been fulfilled. The committee also identified a cross-referencing error in regulation 25 of the instrument.

The Scottish Government has acknowledged a failure to follow proper drafting practice on account of the failure to narrate the consultation requirement in the preamble to the instrument. However, it does not consider that any corrective action is required.

The Scottish Government has also confirmed that there was a cross-referencing error, as regulation 25 should refer to section 4ZA(3)(b)(ii) of the 1997 act instead of section 4ZA(3)(b)(iii). It says that it will correct the error at the next available opportunity.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground for failure to follow proper drafting practice with the failure to narrate in the preamble the consultation requirement in section 16B(15) of the 1997 act?

Members indicated agreement.

Is the committee content with the instruments?

Members indicated agreement.

In respect of the cross-referencing error whereby regulation 25 should refer to section 4ZA(3)(b)(ii) instead of section 4ZA(3)(b)(iii), does the committee wish to note that the Scottish Government has undertaken to correct that error at the next available opportunity?

Members indicated agreement.

Under the same agenda item, no points have been raised on the following instruments.

Under agenda item 3, we are considering one instrument subject to the affirmative procedure, on which no points have been raised.

Thank you very much indeed. We now move into private session.

Is the committee content with the instrument?

Members indicated agreement.

Welcome to the 13th meeting in 2023 of the Delegated Powers and Law Reform Committee. We have received apologies today from our convener, Stuart McMillan MSP, and I welcome in his place Rona Mackay MSP. Before we move to the first item on the agenda, I remind everyone present to switch their mobile phones to silent.

Agenda item 1 is a declaration of interests. In accordance with section 3 of the code of conduct, I invite Rona Mackay to declare whether she has any interests relevant to the committee’s remit.

Under agenda item 4, we are considering four instruments subject to the negative procedure. An issue has been raised on the following instrument.

Thank you very much, and welcome to the committee.