Subordinate Legislation Committee

Meeting date: Tuesday, March 2, 2010

Official Report 294KB pdf

---

Instruments subject to Annulment

---

Building (Scotland) Amendment Regulations 2010 (SSI 2010/32)

Can we agree to report that we are content with the Scottish Government’s explanation of the enabling powers, but that we consider that the provision at the end of regulation 3(1), that

“any reference in the Building (Scotland) Act 2003 to building regulations is to be construed accordingly”,

has no useful effect that is distinct from the transitional provisions in the remainder of that regulation?

Members indicated agreement.

---

Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2010 (SSI 2010/38)

We welcome the Scottish Government’s commitment to lay a corrective instrument prior to the proposed coming into force date of 1 April 2010.

Can we agree to report that the order was defectively drafted, in that a number of the proposed fixed line operators were not properly defined for the purposes of the order?

Members indicated agreement.

---

Local Government (Allowances and Expenses) (Scotland) Amendment Regulations 2010 (SSI 2010/45)

The Government’s response on regulation 2(6)(b) confirms that the intended effect of the provision is to enable councillors to claim reimbursement only for the receipted costs of chartering a boat to travel between two islands within an islands council area, whereas the paragraph provides for the recovery of the receipted costs of chartering a boat without the restriction that the charter should be between islands in an islands council area. Can we agree to report that regulation 2(6)(b) appears to be defectively drafted?

Members indicated agreement.

The regulations will be of enormous interest to our colleagues Tavish Scott, Liam McArthur, and Alasdair Allan.

---

Non-Domestic Rates (Renewable Energy Generation Relief) (Scotland) Regulations 2010 (SSI 2010/44)

---

Advice and Assistance and Civil Legal Aid (Priority of Debts) (Scotland) Regulations 2010 (SSI 2010/57)

---

Refuges for Children (Scotland) Amendment Regulations 2010 (SSI 2010/59)

---

Management of Extractive Waste (Scotland) Regulations 2010 (SSI 2010/60)

---

Town and Country Planning (Prescribed Date) (Scotland) Amendment Regulations 2010 (SSI 2010/61)

---

Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2010 (SSI 2010/62)

---

Pharmacy Order 2010 (Commencement No 1) Order of Council 2010 (SI 2010/299)

---

General Pharmaceutical Council (Constitution) Order 2010 (SI 2010/300)

The committee agreed that no points arose on the instruments.