Subordinate Legislation Committee, 22 Feb 2005

Meeting date: Tuesday, February 22, 2005

Official Report 101KB pdf

---

Instruments Subject to Annulment

---

Instruments Subject <br />to Annulment

---

Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2005 (SSI 2005/62)<br />Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 2005 <br />(SSI 2005/63)

Item 4 is our consideration of instruments subject to the negative procedure. No points arise in respect of the orders.

---

Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2005 (SSI 2005/64)

No points arise under the regulations—I am sorry, that is not correct. I am without my glasses today and I am struggling to read my papers. Do members have any comments to make on the regulations?

I have no comments as such, but our legal adviser has flagged up a number of issues as worthy of putting to the Executive. I think that we should do so.

For the record, I will read them out so that they form part of the Official Report of the meeting.

With reference to regulation 15(a), we will ask the Executive to clarify that the code of good agricultural practice and not the order approving the code is relevant for the purposes of part 1 of schedule 2.

Also with reference to regulation 15(a), we will ask whether the Executive's intention is that only those parts of the code that apply to water pollution are relevant and not the other parts of the code that relate to air and soil pollution but that are excluded from the Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 2005 (SSI 2005/63) because there is no statutory requirement that they be formally approved.

In relation to regulation 13, which introduces new regulation 24(4), we will ask whether the Executive's intention is that the requirement to notify determinations by recorded delivery should apply in relation to notifications to the Scottish ministers, as well as to applicants.

It all sounds pretty technical to me, but those are the matters that have been flagged up for our attention. It is probably right that we should follow our normal practice and ask the Executive to respond to our concerns. That will sort things out one way or another.

Is the convener also happy to raise the points that are flagged up about the drafting of regulation 3(a)(i)?

Yes, we will do that by way of an informal letter. Are members content that we seek clarification on the main issues and pursue the other matter by way of an informal letter?

Members indicated agreement.

---

Possession of Pesticides (Scotland) Order 2005 (SSI 2005/66)

A number of points have been identified on the order.

The convener might want to read the points into the record.

Okay. We will ask the Executive whether in its view the order constitutes a new technical standard within the meaning of directive 98/34/EC and, if so, to confirm that the order has been notified to the Commission as required by that directive. We will also ask the Executive to confirm that the requirements of section 26(4) of the enabling Wildlife and Countryside Act 1981 have been complied with and to explain why a statement to that effect has not been included in the preamble to the order, as required by the guidance on the drafting of statutory instruments. Again, the points sound technical, but they are the sorts of things on which we usually get an answer that confirms the issues one way or another.

---

Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2005 (SSI 2005/67)

No points arise on the order.

---

Food (Pistachios from Iran) (Emergency Control) (Scotland) Amendment Regulations 2005 (SSI 2005/70)

Some people may not know that we get pistachios from Iran, but there we are. No points arise on the regulations.