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Chamber and committees

Subordinate Legislation Committee

Meeting date: Tuesday, March 1, 2011


Contents


Instruments subject to Annulment


Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011 (SSI 2011/57)

The Convener

Does the committee agree to report, under the general reporting ground, that the order contains the following three drafting errors, which are not likely to affect the operation of the order? First, the reference to article 4 in article 4(3) should be to article 5. Secondly, the reference to paragraph (4)(c) in article 15(3)(c) is superfluous, as there is no subparagraph (c). Finally, the reference to “the 2009 Act” in the definition of “an MPA” in regulation 3 should be to “the Act”, which is the defined term.

Members indicated agreement.


Road Works (Inspection Fees) (Scotland) Amendment Regulations 2011 (SSI 2011/91)

The Convener

Does the committee agree to report, under the general reporting ground, that the instrument contains a minor drafting error, in not specifying in the operative text which instrument is being amended by regulation 3? That is unlikely to have any practical effect on the operation of the instrument. In passing, we should welcome the Government’s undertaking to remove redundant definitions at the next available opportunity.

Members indicated agreement.


Additional Support for Learning (Sources of Information) (Scotland) Amendment Order 2011 (SSI 2011/102)

The Convener

Does the committee agree to report that the instrument’s meaning could be clearer, as the reference in article 2 to article 2(b) of the Additional Support for Learning (Sources of Information) (Scotland) Order 2010 (SSI 2010/145) is erroneous? That is not considered to be a matter that is likely to affect the validity or operation of the instrument. Again, do we agree to welcome the statement by the Scottish Government that it will take the next available opportunity to correct the error?

Members indicated agreement.


Personal Injuries (NHS Charges) (Amounts) (Scotland) Amendment Regulations 2011 (SSI 2011/71)


Reporting of Prices of Milk Products (Scotland) Amendment Regulations 2011 (SSI 2011/81)


Milk and Milk Products (Pupils in Educational Establishments) (Scotland) Amendment Regulations 2011 (SSI 2011/82)


Dairy Produce Quotas (Scotland) Amendment Regulations 2011 (SSI 2011/83)


Drinking Milk (Scotland) Regulations 2011 (SSI 2011/84)


Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (SSI 2011/85)


Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2011 (SSI 2011/86)


Official Feed and Food Controls (Scotland) Amendment Regulations 2011 (SSI 2011/93)


Healthy Start Scheme (Prescribed Description of Food) (Scotland) Regulations 2011 (SSI 2011/101)


Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2011 (SSI 2011/106)


Individual Learning Account (Scotland) Regulations 2011 (SSI 2011/107)


Ethical Standards in Public Life etc (Scotland) Act 2000 (Devolved Public Bodies and Stipulated Time Limit) and the Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2011 (SSI 2011/113)


Electricity Act 1989 (Requirement of Consent for Hydro-electric Generating Stations) (Scotland) Revocation Order 2011 (SSI 2011/115)


Environmental Liability (Scotland) Amendment Regulations 2011 (SSI 2011/116)


British Waterways Board (Forth and Clyde and Union Canals) (Reclassification) Order 2011 (SSI 2011/118)


Building (Scotland) Amendment Regulations 2011 (SSI 2011/120)


National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2011 (SSI 2011/123)


National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2011 (SSI 2011/124)


Public Services Reform (Scotland) Act 2010 Social Care and Social Work Improvement Scotland (Transfer of Staff) Order 2011 (SSI 2011/125)


Edinburgh Tram (Line One) Act 2006 (Extension of Time for Land Acquisition) Order 2011 (SSI 2011/126)


Edinburgh Tram (Line Two) Act 2006 (Extension of Time for Land Acquisition) Order 2011 (SSI 2011/127)


Sale and Hire of Crossbows, Knives and certain other Articles to Children and Young Persons (Scotland) Order 2011 (SSI 2011/129)


Licensing (Local Licensing Forum) (Scotland) Order 2011 (SSI 2011/130)


Advice and Assistance and Civil Legal Aid (Special Urgency and Property Recovered or Preserved) (Scotland) Regulations 2011 (SSI 2011/134)


Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2011 (SSI 2011/135)


Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2011 (SSI 2011/138)


Bankruptcy Fees (Scotland) Amendment Regulations 2011 (SSI 2011/142)


Children’s Hearings (Scotland) Act 2011 (National Convener Appeal against Dismissal) Regulations 2011 (SSI 2011/143)


Town and Country Planning (Marine Fish Farming) (Scotland) Amendment Regulations 2011 (SSI 2011/145)


Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011 (SSI 2011/146)


CRC Energy Efficiency Scheme (Amendment) Order 2011 (SI 2011/234)

The Convener



The committee agreed that no points arose on the instruments.

We should also note a couple of instruments that we consider should be consolidated at the earliest opportunity—which we have been saying for quite a bit.

With regard to SSI 2011/106, given that the principal regulations—the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 (SSI 2008/100)—have been amended nine times, the most recent amendments do not footnote individually the locations of relevant amendments for each rural priority option, which makes identification of the current text difficult. We should recommend that the principal regulations be consolidated at the next opportunity. Is that agreed?

Members indicated agreement.

The Convener

I shall go to my grave saying “consolidate”.

The principal regulations for SSI 2011/135, which are the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (SI 1989/1491), have been amended—wait for it, colleagues—19 times and it is becoming increasingly difficult to track the effect of amendments and the content of the principal regulations as amended. Therefore, consolidation would be desirable and reference to that might be made in the next annual report. Is that agreed?

Members indicated agreement.