Official Report 96KB pdf
Instruments Subject <br />to Annulment
Civil Jurisdiction (Application to Offshore Renewable Energy Installations etc) Order 2009 (SI 2009/1743)
There are two questions on the order. First, are we content to report that we are satisfied with the further information that we have received from the Government?
Members indicated agreement.
They have done us proud.
Members indicated agreement.
Meat (Official Controls Charges) (Scotland) Regulations 2009 (SSI 2009/262)
Are we content to report that we have received a satisfactory response from the Scottish Government and to note that additional guidance on the methodology for charging will be published, which will provide further transparency on the matter?
Members indicated agreement.
Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2009 (SSI 2009/263)
I have two questions on the regulations. First, are we content to report the regulations on the ground that they could be clearer on the limitations of the enforcement powers that are available to officers who are authorised by the Food Standards Agency, given that regulations 17, 22 and 24 appear automatically to empower all authorised officers to enforce all specified feed law, whereas agency officers may exercise functions only in relation to certain provisions?
Members indicated agreement.
Secondly, are we content to report that the functions that are conferred on the Scottish ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2006 (SI 2006/304) are relevant in this case—because the enforcement responsibilities under the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 (SSI 2005/608) have been completely restated in relation to all feed regulated, including those responsibilities that were added by the Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2008 (SSI 2008/201)—and that therefore there has been a failure to follow normal drafting practice in omitting reference to SI 2006/304 in the footnote on the enabling power?
Members indicated agreement.
That is technical, but we need to mention it.
Ethical Standards in Public Life etc (Scotland) Act 2000 (Devolved Public Bodies) Order 2009 (SSI 2009/286)
Are we content to report that, in light of further information that we have received from the Scottish Government on the production of draft codes by the bodies listed in the order, we find it to be satisfactory?
Members indicated agreement.
National Health Service (Optical Charges and Payments) (Scotland) Amendment <br />(No 2) Regulations 2009 (SSI 2009/288)
A bit of backdating is going on here—I suspect that there is not a lot that we can do about it. First, are we content to bring to the attention of the lead committee and the Parliament inserted regulation 8(2A), in so far as the provision might be seen to purport to have retrospective effect, where the parent statute confers no express authority so to provide? Secondly, do we accept the explanation provided for the breach of the 21-day rule and are we content to report accordingly to the lead committee and the Parliament?
Members indicated agreement.
The deputy convener is looking quizzical.
We are in a bit of a "Yes Minister" situation in relation to the point about the provision's retrospective effect.
The point has been made on the record, with the able assistance of your good self.
Criminal Jurisdiction (Application to Offshore Renewable Energy Installations etc) Order 2009 (SI 2009/1739)<br />Debt Arrangement Scheme (Scotland) Revocation Regulations 2009 <br />(SSI 2009/258)
Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009 <br />(SSI 2009/273)<br />Licensing (Scotland) Act 2005 (Transitional Provisions) Order 2009 <br />(SSI 2009/277)
Are we content to report that we are satisfied with the explanation provided for the failure to comply with the 21-day rule, and that we are content with the instruments?
Members indicated agreement.
Ethical Standards in Public Life etc (Scotland) Act 2000 (Codes of Conduct for Members of certain Scottish Public Authorities) Amendment Order 2009 <br />(SSI 2009/287)<br />Looked After Children (Scotland) Amendment Regulations 2009 <br />(SSI 2009/290)
The committee agreed that no points arose on the instruments.
Maximum Number of Judges <br />(Transitional Provision) (Scotland) Order 2009 (SSI 2009/291)
Are we content to report that we are satisfied with the explanation provided for the failure to comply with article 10(2) of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (SI 1999/1096)—in other words, the 21-day rule?
Members indicated agreement.