Seòmar agus comataidhean

Under agenda item 2, we are considering an instrument subject to the affirmative procedure. No points have been raised on the following draft instrument.

Under agenda item 3, we are considering instruments subject to the negative procedure. Issues have been raised on the following instrument.

Under item 3, we are considering three negative instruments. Issues have been raised on two of the instruments.

Is the committee content with the explanation that has been provided for the breach of the laying requirements?

Members indicated agreement.

Is the committee content with the instrument?

Members indicated agreement.

Under item 2, we are considering one affirmative instrument.

Under item 4, we are considering one instrument not subject to procedure

No points have been raised on the draft instrument. Members will note that a draft of the instrument was originally laid on 2 November 2021. It was subsequently withdrawn and relaid on 10 November, following initial questions from the committee.

Is the committee content with the instrument?

Members indicated agreement.

The instrument includes amendments to the thresholds that apply in the field of public procurement that are specified in a number of procurement Scottish statutory instruments. The amendments are made in accordance with the United Kingdom’s international obligations under the agreement on Government procurement, the GPA.

The committee wrote to the Scottish Government to draw its attention to a cross-referencing error in regulation 3(5). In its response, the Scottish Government agreed that it was an error and confirmed that a corrective instrument has been drafted and will be laid in early course. The Scottish Government also highlighted that an incorrect threshold appears in one of the financial thresholds that are amended by the instrument and that the corrective instrument will also rectify that error.

Full details of the error in regulation 3 can be found in the correspondence between the committee and the Scottish Government. The correspondence is included as paper 2 for this meeting, which can be found in the agenda on the committee’s website.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, on the basis that, first, regulation 3(5) refers to

“Part 2 of Schedule 2”

to the Public Contracts (Scotland) Regulations 2015 but should instead refer to “Part 2 of Schedule 1”; and secondly, that regulation 4(2)(b) refers to “£462,955” but should instead refer to “£426,955”? Does the committee also wish to welcome the fact that the Scottish Government will lay an amending instrument in early course to rectify those errors?

Members indicated agreement.

Also under this item, no points have been raised on the following instrument.