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UK subordinate legislation – outcome of SIs

Letter to the Convener from Lorna Slater, Minister for Green Skills, Circular Economy and Biodiversity on 06 December 2021

Dear Finlay

EU exit legislation - protocol 2 with the Scottish Parliament

I refer to the above and in accordance with paragraph 34, and I now writing to you concerning the outcome of two GB wide SI’s. These are as follows:

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

These Regulations passed sifting requirements on 28 October. The Scottish Parliament agreed on 6 October that it was content for Scottish Ministers to give their consent to these Regulations including Scottish devolved matters, as set out in the notification to the Parliament.

It was made on 2 November 2020 under the powers of section 8 and paragraph 21 of schedule 7 to the European Union (Withdrawal) Act 2018 of the European Union (Withdrawal) Act 2018 and came into force on 26 November 2021.

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

These Regulations were made on 20 October. The Scottish Parliament agreed on 6 October that it was content for Scottish Ministers to give their consent to these Regulations including Scottish devolved matters, as set out in the notification to the Parliament.

It was made under the powers conferred by Articles 5(3), 30(1), 37(5), 40(3), 41(3), 42(3), 72(3) and 105(6) of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants.

I can confirm both SI’s are consistent with the consent granted.

I am copying this letter to the Conveners of the Delegated Powers and Law Reform Committee and Net Zero, Energy and Transport Committee.

Kind regards

Lorna Slater