Subordinate Legislation Committee, 01 Mar 2005

Meeting date: Tuesday, March 1, 2005

Official Report 86KB pdf

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Executive Responses

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

Members have received the Executive's response to the three points that we raised. Is the committee content to draw the attention of the lead committee and the Parliament to the fact that the points were raised and have been clarified?

For clarity and for the record, we are drawing the regulations to the attention of the Parliament and the lead committee on the ground of defective drafting as detailed in points 1 and 3, and, as detailed in point 2, on the ground that the Executive's intention could be clearer. Is that agreed?

Members indicated agreement.

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

Is the committee content to report the order on the ground of failure to follow proper legislative practice, as mentioned in our third point to the Executive?

Members indicated agreement.

We will draw the attention of the lead committee and the Parliament to the fact that the Executive has provided the information that we requested in our questions 1 and 2, and that there was a failure to follow proper legislative practice as mentioned in question 3.

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Annual Close Time (Esk Salmon Fishery District) Order 2005 (SSI 2005/72)

Is the committee content to draw the attention of the Parliament to the order on the ground of failure to follow legislative practice, or does the committee wish just to note the Executive's remedial action?

We should advise the lead committee of the outcome. The Executive is taking steps to correct the failure and that should be included in the report.

I agree. We should not just note the remedial action; we should report to the lead committee. That is reasonable.

Thank you. We will therefore report to the lead committee and the Parliament on the ground that the order failed to follow proper legislative practice.

Mr Maxwell, can you confirm that you meant the Parliament rather than the lead committee?

I meant the Parliament.