Instruments Subject <br />to Annulment
Horse Passports (Scotland) Regulations 2005 (SSI 2005/223)
The regulations are familiar to me from my membership of the cross-party group on animal welfare. Three points arise. First, why has the Executive used enabling powers under section 2(2) of the European Communities Act 1972 in preference to the powers under the Animal Health Act 1981, under which the Horse Passports Order 1997 (SI 1997/2789) was made? Secondly, why do the regulations apply only to domestic horses, whereas in England—I did not know this previously—European Council directive 90/426/EEC applies to wild or domesticated horses?
I think that wild horses are found in parts of England, whereas I am not aware of any wild horses in Scotland—apart from the two that ran on to the M8 yesterday.
Legally, of course, it would still be perfectly competent for the regulations to apply to wild horses in Scotland. Just as we banned mink farms even though none existed in Scotland, the regulations could apply to wild horses in Scotland just in case any ever came into existence.
We will ask the question.
If members have no other major points, we can pick up the other minor points that we have via an informal letter.
Land Management Contracts <br />(Menu Scheme) (Scotland) Regulations 2005 (SSI 2005/225)
Three points arise on the regulations. First, we will seek an explanation for the drafting of regulation 3(1), which refers to a paragraph that does not appear in the regulations. A wee error in the legal advice mentions "regulation 3(4)". Secondly, we will ask whether regulation 21(3), which deals with offences and penalties, means that proceedings shall not be commenced six months after the date on which an offence was committed. Thirdly, we will ask why a regulatory impact assessment was not carried out, given the impact that the regulations will obviously have on farming businesses. Do we agree to raise those three points?
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Draft Instrument Subject to Approval