Subordinate (Secondary) Legislation and Legislative Consent Memorandums

 

Subordinate Legislation - Scottish Statutory Instruments

The Scottish Statutory Instruments (SSIs) listed below have been laid and will be considered at future meetings of the Committee. 

Recent COVID-19 SSI considerations are listed for information.  All Scottish Statutory Instruments can be searched on legislation.gov.uk using the search bars and drop-down menu. 

Further information on SSIs and their process can be found on the Delegated Powers and Law Reform Committee page.

Negative instruments

There are currently no negative instruments awaiting consideration by the Committee.

Considered

The Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 (SSI 2021/66) were laid on 10 February 2021 and considered at the Committee's meeting on 16 March 2021.

The Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Amendment Regulations 2021 (SSI 2021/109) were laid on 25 February 2021 and considered at the Committee's meeting on 16 March 2021.

After consideration, the Committee agreed to make no recommendations in relation to the instruments.  However they issued correspondence to the Minister for Public Health and Sport seeking clarification on a number of issues raised.

The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (SSI 2020/372) were laid on 13 November 2020 and considered at the Committee's meeting on 24 November 2020.

The Committee agreed to issue correspondence to Food Standards Scotland seeking clarification on some points prior to reconsidering the instrument at a future meeting.

The Committee received a response from Food Standards Scotland on 4 December 2020.

The Regulations were considered and agreed at the Committee's meeting on 15 December 2020. 

Affirmative (draft) instruments 

23 February 2021

The Carers (Scotland) Act 2016 (Adult Carers and Young Carers of Terminally Ill Persons: Timescales for Adult Carer Support Plans and Young Carer Statements etc.) Regulations 2021 

Prior to the Committee's consideration of the above Regulations, we issued a short targeted call for views.  The following responses were received: 

Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2021 

COVID-19 related Scottish Statutory Instruments 

COVID-19 related instruments (Made Affirmative instruments) that have been considered, or are due to be considered, are noted below: 

9 March 2021 

The Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing etc.) (Scotland) Amendment Regulations 2021 (SSI 2021/111) 

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 26 February 2021. 

The Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing etc.) (Scotland) Amendment Regulations 2021 (SSI 2021/107) 

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 24 February 2021. 

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 6) Regulations 2021 (SSI 2021/81) 

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 17 February 2021. 

The Health Protection (Coronavirus) (International Travel) (Managed Accommodation and Testing) (Scotland) Regulations 2021 (SSI 2021/74) 

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 14 February 2021. 

Following receipt of SSI 2021/74, SSI 2021/81, SSI 2021/107 and SSI 2021/111, the Committee agreed to hold two evidence sessions looking at the impact of the Regulations. 

 Date  Evidence session
 2 March 2021  Stakeholders
 9 March 2021  Cabinet Secretary for Transport, Infrastructure and Connectivity

Ahead of the first evidence session on 2 March, the Convener issued the following letters seeking views to help inform the Committee's consideration:

We received the following responses: 

Meeting papers:

9 February 2021

The Health Protection (Coronavirus) (International Travel, Public Health Information and Pre-Departure Testing) (Scotland) Amendment Regulations 2021 (SSI 2021/34)

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 21 January 2021.

Meeting papers: 

26 January 2021

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 5) Regulations 2021 (SSI 2021/21) 

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 15 January 2021. 

The Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 (SSI 2021/20)

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 14 January 2021. 

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 4) Regulations 2021 (SSI 2021/19)

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 14 January 2021.

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 3) Regulations 2021 (SSI 2021/7) 

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 11 January 2021. 

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 2) Regulations 2021 (SSI 2021/6) 

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 10 January 2021.  

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2021 (SSI 2021/5) 

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 8 January 2021.  

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 25)Regulations 2020 (SSI 2020/474)

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 23 December 2020. 

The Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) (No. 2) Regulations 2020 (SSI 2020/444)

The Committee received correspondence issued by the Scottish Government to the Presiding Officer regarding the above Regulations on 18 December 2020.

Meeting papers:

12 January 2021

The Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) Regulations 2020 (SSI 2020/431)

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 11 December 2020.

Meeting papers:

15 December 2020

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 24) Regulations 2020 (SSI 2020/404)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 26 November 2020. 

Meeting papers:

24 November 2020 

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 23) Regulations 2020 (SSI 2020/378) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 13 November 2020. 

Meeting papers:

17 November 2020

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 20) Regulations 2020 (SSI 2020/343) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 30 October 2020. 

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 21) Regulations 2020 (SSI 2020/354) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 6 November 2020. 

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 22) Regulations 2020 (SSI 2020/358)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 9 November 2020. 

Meeting papers:

3 November 2020

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 19) Regulations 2020 (SSI 2020/330) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 23 October 2020. 

The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Amendment Regulations 2020 (SSI 2020/328)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 20 October 2020.

Meeting papers:

27 October 2020

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 17) Regulations 2020 (SSI 2020/307) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 2 October 2020. 

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 18) Regulations 2020 (SSI 2020/326)

The Committee received correspondence from the Minister for Public Health, Sport and Wellbeing regarding the above Regulations on 16 October 2020.

Meeting papers:

6 October 2020

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 15) Regulations 2020 (SSI 2020/288)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 18 September 2020.

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 16) Regulations 2020 (SSI 2020/301) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 25 September 2020. 

Meeting papers:

22 September 2020

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 13) Regulations 2020 (SSI 2020/274)

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 4 September 2020:

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 14) Regulations 2020 (SSI 2020/280)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 11 September 2020: 

Meeting papers:

15 September 2020 

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 11) Regulations 2020 (SSI 2020/263)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 27 August 2020: 

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 12) Regulations 2020

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 2 September 2020:

Meeting papers:

8 September 2020       

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 10) Regulations 2020 (SSI 2020/252) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 21 August 2020:

Meeting papers:

1 September 2020

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 9) Regulations 2020 (SSI 2020/242) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 14 August 2020: 

Meeting papers:

Tuesday 25 August 2020 

Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 3) Regulations 2020 (SSI 2020/209) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 8 July 2020:

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 4) Regulations 2020 (SSI 2020/221)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 20 July 2020:

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 5) Regulations 2020 (SSI 2020/224) 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 25 July 2020:

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 6) Regulations 2020 (SSI 2020/229)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 27 July 2020:

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 7) Regulations 2020 (SSI 2020/233) 

The Committee received correspondence from the Cabinet Secretary for Transport, Infrastructure and Connectivity regarding the above Regulations on 30 July 2020:

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 8) Regulations 2020 (SSI 2020/235)

The Committee received correspondence from the Cabinet Secretary for Justice regarding the above Regulations on 6 August 2020:

Meeting papers: 

Correspondence:

Further to the evidence session on 25 August 2020, the Convener issued a letter to the Cabinet Secretary for Justice regarding a number of issues raised and information offered during the debate on the Regulations.

The Convener received a response on 3 September 2020.

Tuesday 23 June 2020

The Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (SSI 2020/169)

The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020 (SSI 2020/170) 

The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2020 (SSI 2020/171)

The Cabinet Secretary for Justice wrote to the Convener in relation to data provided at the evidence session on 23 June regarding contact with travellers arriving in Scotland.

The Convener issued a response to the above letter on 7 July 2020 seeking clarification on a number of issues raised and received a response on 14 July 2020.

Thursday 4 June 2020 

The Adults with Incapacity (Ethics Committee) (Scotland) (Coronavirus) Amendment Regulations 2020 (SSI 2020/151) 

Tuesday 25 February 2020

The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2020 (SSI 2020/17)

Tuesday 10 March 2020

The Public Health etc. (Scotland) Act 2008 (Notifiable Diseases and Notifiable Organisms) Amendment Regulations 2020 (SSI 2020/51)

Other correspondence

The Cabinet Secretary for Justice wrote to the Convener regarding The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 2) Regulations 2020 (SSI 2020/184) on 20 June 2020: 

The Committee received correspondence from the Cabinet Secretary for Justice regarding the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2020 and completion of the three week review on 10 August 2020:

The Committee received correspondence from the Cabinet Secretary for Justice regarding the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2020 and completion of the three week review on 31 August 2020:

The Committee received correspondence from the Cabinet Secretary for Justice regarding the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2020 and completion of the three week review on 22 September 2020: 

The Cabinet Secretary for Justice wrote to the Convener on 09 October 2020 regarding the three week review of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (“the International Travel Regulations”) and the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020 (“the Information Regulations”). 

The Cabinet Secretary for Justice wrote to the Convener on 2 November 2020 regarding the latest three week review of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (“the International Travel Regulations”) and the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020 (“the Information Regulations”). 

The Cabinet Secretary for Justice wrote to the Convener on 23 November 2020 regarding the latest three week review of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (“the International Travel Regulations”) and the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020 (“the Information Regulations”). 

The Cabinet Secretary for Transport, Infrastructure and Connectivity wrote to the Convener on 14 December 2020 regarding the latest three week review of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 and the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020. 

The Cabinet Secretary for Transport, Infrastructure and Connectivity wrote to the Convener on 11 January 2021 regarding the latest three week review of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 and the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020. 

The Cabinet Secretary for Transport, Infrastructure and Connectivity wrote to the Convener on 8 February 2021 regarding the latest review of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 and the Health Protection (Coronavirus, Public Health Information for Passengers Travelling to Scotland) Regulations 2020.

The Cabinet Secretary for Transport, Infrastructure and Connectivity wrote to the Convener on 8 March 2021 regarding the latest review of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020.

The Cabinet Secretary for Transport, Infrastructure and Connectivity wrote to the Convener on 1 April 2021 regarding the latest review of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020. 

The Cabinet Secretary for Transport, Infrastructure and Connectivity wrote to the Convener on 4 May 2021 regarding the latest review of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020.

 

 

Legislative Consent Memorandums

Legislative Consent Memorandums are usually lodged in the Scottish Parliament by the Scottish Government. They relate to Bills under consideration in the United Kingdom Parliament which contain what are known as “relevant provisions”. These provisions could:

> change the law on a “devolved matter” (an area of policy which the UK Parliament devolved to the Scottish Parliament in the Scotland Act 1998); or

> alter the “legislative competence” of the Scottish Parliament (its powers to make laws) or the “executive competence” of Scottish Ministers (their powers to govern).

Watch a short video about legislative consent here.

Legislative Consent Memorandum on the Medicines and Medical Devices Bill

The UK Government introduced the Medicines and Medical Devices Bill in the House of Commons on 13 February 2020.

The Scottish Government lodged a Legislative Consent Memorandum (LCM) on the Bill on 18 August 2020, and subsequent supplementary LCM on 19 October 2020, in respect of the UK Government Medicines and Medical Devices Bills, as amended. 

The Committee considered both at their meeting on Tuesday 27 October.

Meeting papers:

Legislative Consent Memorandum on the Coronavirus Bill

The UK Government introduced the Coronavirus Bill 2019-21 in the House of Commons on 19 March 2020.

The Scottish Government lodged a Legislative Consent Memorandum (LCM) on the Bill on 20 March 2020.

The Committee held an evidence session with the Cabinet Secretary for Health and Sport and supporting officials on 24 March 2020 on the LCM.

We received the following correspondence in relation to the Committee's consideration and evidence session on the LCM.

The Committee published its report on the LCM ahead of the Chamber Debate which took place in the afternoon of 24 March 2020.

Legislative Consent Memorandum on the Birmingham Commonwealth Games Bill

The UK Government introduced the Birmingham Commonwealth Games Bill ['the Bill'] in the House of Lords on 5 June 2019 and the Scottish Government lodged a legislative consent memorandum on the Bill on 19 June 2019.

We considered the LCM at our meeting on 29 October 2019 and agreed to report to Parliament that it should consent to the UK Parliament legislating in this area.

We published our report on the LCM on 30 October 2019:

The Bill however fell at the dissolution of the 2019 session for the UK general election on 12 December 2019. 

A new, albeit identical, Birmingham Commonwealth Games Bill was introduced in the House of Lords on 7 January 2020 and a new legislative consent memorandum was lodged on 30 January 2020 by Jeane Freeman, Cabinet Secretary for Heath and Sport.

We considered the LCM at our meeting on Tuesday 18 February 2020 and again agreed to report to Parliament that it should consent to the UK Parliament legislating in this area.

We published our report on the LCM on 26 February 2020:

 

for further information on the work of the Committee you can contact the Clerks on 0131 348 5224 or by e-mail at: [email protected]

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