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Draft Instruments subject <br />to Approval
Licensing (Mandatory Conditions) (Scotland) Regulations 2009 (Draft)
Is the committee content to report the regulations to the lead committee and the Parliament on the ground that there appears to be a doubt as to whether they are intra vires and, specifically, whether regulation 2, which restricts the application of an existing mandatory licence condition set out in paragraph 13 of schedule 3 to the Licensing (Scotland) Act 2005, is within the scope of the enabling power cited or the implied power in paragraph 11 of schedule 1 to the interpretation order?
Members indicated agreement.
Environmental Liability (Scotland) Regulations 2009 (Draft)
Is the committee content to draw regulations 18(1) and 18(2), on allocation of costs, to the attention of the lead committee in relation to its consideration of the regulations?
Members indicated agreement.
The committee might consider that those provisions appear to be within the enabling powers to make regulations contained in the European Communities Act 1972. However, it should be drawn to the attention of the lead committee that regulation 18(1) requires a competent authority to determine the operators' responsibility for the costs of environmental damage under the regulations where there is more than one operator. Regulation 18(2)(d) sub-delegates to the authority the ability to determine any other basis for the allocation of liability for such costs beyond the options set out in regulations 18(2)(a) to (c).
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