Official Report 430KB pdf
Under agenda item 2, we will consider one instrument, on which an issue has been raised.
Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Amendment (No 2) Regulations 2025 (SSI 2025/78)
The instrument revokes and replaces the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Amendment Regulations 2025, which the committee considered at its meeting on 4 March. The previous instrument was defective due to an error in the statutory consultation process, as narrated in correspondence from the Scottish Government to the Presiding Officer, which will be published in the committee’s report on the subordinate legislation that has been considered at today’s meeting. Specifically, the Scottish Government erroneously overlooked, and therefore did not consider, one of the responses to the consultation.
Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, an instrument subject to the negative procedure must be laid at least 28 days before it comes into force, not counting recess periods of more than four days. The instrument breaches that requirement, as it was laid on 18 March 2025 and will come into force partially on 30 March 2025.
Does the committee wish to draw the instrument to the attention of the Parliament under reporting ground (j), for failure to comply with laying requirements, as it was not laid 28 counting days before it will come into force?
Members indicated agreement.
Is the committee content with the reasons provided by the Scottish Government for its failure to comply with the laying requirements?
Members indicated agreement.
With that, I move the committee into private session.
10:07 Meeting continued in private until 10:26.