Subordinate Legislation Committee, 06 Mar 2001

Meeting date: Tuesday, March 6, 2001

Official Report 80KB pdf

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Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) Order 2001 (SSI 2001/49)

The committee had a discussion and briefing regarding the status and standing of the order.

There is a technicality. The order seems to be an administrative order. Could we ask the Executive for an explanation of its authority for making the instrument in the form of a statutory instrument? I refer to section 1 of the Statutory Instruments Act 1946.

That would not be unduly difficult in view of the serious circumstances in the agricultural sector. We should ensure that matters are right.

In the committee's private legal briefing, we were of the view that we might be prepared to turn a blind eye to some deficiencies that we would have checked previously, given the urgency of the situation. As long as matters are clear and will not cause problems further down the line, we could clarify that matter with the Executive.