Published 19 November 2019SP Paper 627

59th Report, 2019 (Session 5)

Delegated Powers and Law Reform CommitteeComataidh Cumhachdan Tiomnaichte is Ath-leasachadhLagh

Animals and Wildlife (Penalties,Protections and Powers) (Scotland)Bill: Stage 1

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ContentsIntroduction ____________________________________________________________1

Overview of the Bill ______________________________________________________2

Delegated Powers _______________________________________________________3

Delegated Powers and Law Reform CommitteeAnimals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill: Stage 1, 59th Report, 2019 (Session 5)

Delegated Powers and Law ReformCommitteeThe remit of the Delegated Powers and Law Reform Committee is to consider and report onthe following (and any additional matter added under Rule 6.1.5A)—(a) any—(i) subordinate legislation laid before the Parliament or requiring the consent of the Parliamentunder section 9 of the Public Bodies Act 2011;(ii) [deleted](iii) pension or grants motion as described in Rule 8.11A.1; and, in particular, to determinewhether the attention of the Parliament should be drawn to any of the matters mentioned inRule 10.3.1;(b) proposed powers to make subordinate legislation in particular Bills or other proposedlegislation;(c) general questions relating to powers to make subordinate legislation;(d) whether any proposed delegated powers in particular Bills or other legislation should beexpressed as a power to make subordinate legislation;(e) any failure to lay an instrument in accordance with section 28(2), 30(2) or 31 of the 2010 Act;(f) proposed changes to the procedure to which subordinate legislation laid before theParliament is subject;(g) any Scottish Law Commission Bill as defined in Rule 9.17A.1; and(h) any draft proposal for a Scottish Law Commission Bill as defined in that Rule.(i) any Consolidation Bill as defined in Rule 9.18.1 referred to it in accordance with Rule 9.18.3.

http://www.parliament.scot/parliamentarybusiness/CurrentCommittees/delegated-powers-committee.aspx

dplr.committee@parliament.scot

0131 348 5212

Delegated Powers and Law Reform CommitteeAnimals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill: Stage 1, 59th Report, 2019 (Session 5)

ConvenerGraham SimpsonScottish Conservativeand Unionist Party

Deputy ConvenerStuart McMillanScottish National Party

Tom ArthurScottish National Party

Jeremy BalfourScottish Conservativeand Unionist Party

Mary FeeScottish Labour

Committee Membership

Delegated Powers and Law Reform CommitteeAnimals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill: Stage 1, 59th Report, 2019 (Session 5)

Introduction1.

2.

3.

At its meeting on 19 November 2019, the Delegated Powers and Law ReformCommittee considered the delegated powers provisions in the Animals and Wildlife

(Penalties, Protections and Powers) Bill ("the Bill") at Stage 1.i

The Committee submits this report to the lead Committee for the Bill (theEnvironment, Climate Change and Land Reform Committee) under Rule 9.6.2 ofthe Standing Orders.

The Scottish Government has provided the Parliament with a memorandum on the

delegated powers provisions in the Bill.ii

i The Bill as introduced is available here.ii The Delegated Powers Memorandum is available here.

Delegated Powers and Law Reform CommitteeAnimals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill: Stage 1, 59th Report, 2019 (Session 5)

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Overview of the Bill4.

5.

This Government Bill was introduced by the Cabinet Secretary for Environment,Climate Change and Land Reform, Roseanna Cunningham MSP, on 30 September2019. The lead committee is the Environment, Climate Change and Land ReformCommittee.

The Bill amends the Animal Health and Welfare (Scotland) Act 2006 (“2006 Act”),several pieces of wildlife legislation, and the Animal Health Act 1981 for thepurposes of further protecting health and welfare in connection with animals andwildlife in Scotland.

Delegated Powers and Law Reform CommitteeAnimals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill: Stage 1, 59th Report, 2019 (Session 5)

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Delegated Powers6.

7.

The Committee considered each of the delegated powers in the Bill. The Committeedetermined that it did not need to draw the attention of the Parliament to thedelegated powers in the following provisions:

• Section 2 - inserting new section 46A into the 2006 Act (fixed penaltynotices for certain offences relating to animal welfare)

• Section 3 - inserting section 19(4C) into the 2006 Act (power to modify themeaning of ‘relevant officer’ for the purposes of new section 19(4A) and(4B))

• Section 4 – inserting new section 76A into the Animal Health Act 1981(fixed penalty notices for certain offences relating to animal health)

• Section 11 – inserting new section 32L into the 2006 Act (modification ofpowers over animals)

• Section 14 – Commencement

The Committee therefore reports that it is content with the delegated powersprovisions contained in the Bill.

Delegated Powers and Law Reform CommitteeAnimals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill: Stage 1, 59th Report, 2019 (Session 5)

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