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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 13 July 2025
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Displaying 3266 contributions

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Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Gillian Martin

It might also be helpful to outline what is required of the scheme administrator with regard to consulting and working with affected stakeholders. The draft designation order requires the scheme administrator to consult representatives of producers, retailers and wholesalers, including small retailers, in making certain decisions. The scheme administrator, therefore, has the duty to consult to ensure that, as it rolls out the scheme, it takes all views into account and works with producers and vendors to make the scheme efficient and ensure that it does not have any unintended consequences for any of them.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Gillian Martin

We have been engaging with the Convention of Scottish Local Authorities on this, and indeed did so ahead of signing up to the principles in, I think, April last year, just before the general election. Before we sign up to anything that would have an impact on waste recovery, we will consult with COSLA. We are doing so regularly, and, as I have said, we did so right up until the general principles were agreed and then beyond.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Gillian Martin

The scheme administrator would decide that.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Gillian Martin

The scheme administrator will bottom all that out. That is for it to decide.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Gillian Martin

Mr Lumsden, you can do whatever you want with your can. I imagine that, if you wanted the 20p back, you could just put it in your pocket.

Net Zero, Energy and Transport Committee

Planning and Infrastructure Bill

Meeting date: 27 May 2025

Gillian Martin

The bill does not say that any minister has primacy in this area. There is an understanding that the reason for the powers being developed is that there was a need for Scottish ministers to have the same powers as Welsh ministers. The real basis for why this is being done in the first place is to give powers to Scottish ministers.

Net Zero, Energy and Transport Committee

Planning and Infrastructure Bill

Meeting date: 27 May 2025

Gillian Martin

Although there is, as I said, no formal decision-making mechanism in the bill, decisions about which Government will exercise the powers will be guided by the reality that Scottish ministers currently administer and determine applications under the Electricity Act 1989. It is expected that the Scottish Government will typically lead on this, as I said. It is understood by both Governments and reflected in the legislation that it will be for the Scottish Government to lay the accompanying secondary legislation.

Both Governments will have concurrent powers, as you said, to make regulations, reflecting those shared responsibilities. We hope that the respectful approach to devolution that has guided the development of the provisions will continue to inform their implementation. That is the understanding. I understand that you are looking for a mechanism. The mechanism is cross-Government working on this and our understanding during the drafting that the powers will be exercised by Scottish Government ministers.

Net Zero, Energy and Transport Committee

Planning and Infrastructure Bill

Meeting date: 27 May 2025

Gillian Martin

Yes.

Net Zero, Energy and Transport Committee

Planning and Infrastructure Bill

Meeting date: 27 May 2025

Gillian Martin

As you rightly say, the UK Government intends to replace the European Union-derived environmental impact assessment system with new environmental outcomes reports, the framework for which was established in the 2023 act. The systems are not yet operational and require further development. The functions will allow for Scottish ministers to make the environmental outcomes report regulations for electricity applications, and those powers have been transferred by a separate order. Clause 20 provides a pragmatic interim solution that will allow for procedural updates to the existing EIA system, while policy on the potential transition to EORs further develops. There will be no gap, so the transition from the old system to the new system will be covered by clause 20.

Net Zero, Energy and Transport Committee

Planning and Infrastructure Bill

Meeting date: 27 May 2025

Gillian Martin

If the LCM is agreed and the bill goes through, there will be the pragmatic interim solution that I set out. That would mean that we would have the necessary procedural updates to the existing EIA system while we are waiting for that policy transition to happen and to be bottomed out between all Governments on the transition to the EOR system. There will effectively be a transitional period in which we have the existing EIA system, but it will provide us with updates that start to bring us in line with what is anticipated in the EOR system.