Official Report 121KB pdf
Instruments Subject <br />to Annulment
Collagen and Gelatine (Intra-Community Trade) (Scotland) Amendment Regulations 2003 (SSI 2003/328)
No points arise on the regulations.
Products of Animal Origin (Third Country Imports) (Scotland) Amendment (No 3) Regulations 2003 (SSI 2003/333)
Do members want to raise any points on the regulations?
Why will the regulations not come into force until 22 September, given that article 3 of Council directive 2002/33/EC obliges member states to incorporate it into law by 30 April 2003?
That is the main point that members want to raise. It might not be urgent that the regulations come into force before 22 September, but we will ask the Executive.
Form of Repair Notice (Scotland) Regulations 2003 (SSI 2003/335)
Do members have any points to make on the regulations?
The regulations change previous practice whereby all the forms of repair notice were contained in a single document. There is now a separate document for each form. I wonder whether that came about because dialogue with local authorities suggested that it would be simpler and easier. If the change was made without such discussion it would be useful to know why.
I do not think that the clerks know, but we can ask the Executive. No other points of substance arise.
Form of Improvement Order (Scotland) Regulations 2003 (SSI 2003/336)
There appears to be an obvious problem with the regulations. Note 5 of the regulations states that an appeal can be brought within 21 days of the date of the order, whereas the enabling power states that notice of an appeal can be given within 21 days of the date of service of the order. There is a change of terminology there. Do members agree that we will raise that with the Executive as the main issue?
Housing Grants (Form of Cessation or Partial Cessation of Conditions Notice) (Scotland) Regulations 2003 (SSI 2003/337)
There are several points to make about where the wording of the regulations does not follow that of the parent act. We are all aware of the regulations and we want them to be correct. The legal adviser has made four points, which we can put on record. Do members have other points to make?
I have a general concern that where unscrupulous builders or renovators of property can renovate property and let it or sell it on for letting purposes, any modifications or alterations for which public money is claimed must be compliant with all regulations and the legislation that brings such regulations into force should be drafted as tightly as possible. We have seen some horrendous results of the poor renovation of buildings.
That goes back to what Murray Tosh said earlier about the substantive points that we should make to the Executive or to the Food Standards Agency, for example. It might be worth writing a letter about that, as well as pointing out what specifically needs to be altered.
We have been talking about houses in multiple occupation. It is critical that any regulations that apply to them are watertight.
Do we agree to state in the letter to the Executive that we are concerned that there appear to be so many points to make about the drafting of the regulations?
Housing Grants (Form of Notice of Payment) (Scotland) Regulations 2003 <br />(SSI 2003/338)
We have a substantive point about paragraph 2 of the schedule to the regulations. It refers to section 246(6) of the Housing (Scotland) Act 1987 rather than to sections 246(1) and 246(2), but section 246(6) does not appear to impose the requirements in question. Do members have other points to add?
There are a number of other minor points about references that are wrong and should be corrected.
We will include those in a letter to the Executive.
Environmental Impact Assessment (Water Management) (Scotland) Regulations 2003 (SSI 2003/341)
No points arise on the regulations.
National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003 (SSI 2003/344)
There is a lot of confusion about the regulations. Four points have been made about regulation 2 and the definition of "local authority" and various other points have been made. Are there any points in addition to those that the legal adviser has brought to our attention?
I emphasise the European convention on human rights angle on the regulations. It is important that we get our points clarified. There are more errors than we would have hoped to find had the regulations been properly checked and rechecked before they came before us. We seem to be finding errors that the Executive really should pick up before this point. It is a waste of time for us to pick up all the errors that the Executive should have picked up in the first place. Could we mention the number of errors in the instruments that are coming before us, of which the errors in these regulations are a good example?
Yes. We have another item about errors on the agenda, so we will collect those points together at that point.
Education (School Meals) (Scotland) Regulations 2003 (SSI 2003/350)
No points arise on the regulations.
Prohibition of Fishing for Scallops (Scotland) Order 2003 (SSI 2003/371)
The order places restrictions on dredging for scallops; it is similar to other such orders that we have seen before. Do members have any points to make?
I welcome the order. I have particular experience of dredging for scallops in an area close to where I live.
There are no points to draw to the Executive's attention.
Christine May has hidden depths.
Ha, ha. If Murray Tosh saw Burntisland beach dug up regularly he would welcome the order too.
National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 2003 (SSI 2003/376)
The legal adviser has brought 11 points to our attention.
This is a classic example of what we have been talking about; it is even worse than the previous instrument. There are 11 points about the drafting—an enormous number of errors. I reiterate the point that there should be general correspondence with the Executive pointing out the number of errors in instruments.
Do we agree to do that?
Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Scotland) Regulations 2003 (SSI 2003/382)
I am sure that the committee welcomes what this regulation does. Obviously, however, we would welcome even more speedy change with regard to this matter. The legal briefing suggests four questions that we might wish to raise with the Executive, some of which relate to pretty serious errors.
The committee might be interested to know that I read in this morning's paper of the recall of a hot chilli sauce food product—under the auspices of this order, I presume. We should welcome the fact that the order was made as quickly as it could be to protect public health. Parts of the regulations are defective, but I hope that they will be corrected as soon as possible and that we will soon see revised regulations.
It is important that we emphasise the serious nature of some of the errors, particularly those relating to the sampling provisions.