Official Report 107KB pdf
Instruments Subject <br />to Annulment
Act of Sederunt (Fees of Sheriff Officers) 2002 (SSI 2002/515)
This act of sederunt seems fine, convener.
Potatoes Originating in Egypt (Scotland) Amendment Regulations 2002 <br />(SSI 2002/518)
We have a difficult one here.
The regulations seem fine, convener.
We do not have a matter of policy with which to concern ourselves with regard to the regulations, but I do not think that these Egyptian potatoes are anything like as good as they used to be. Gordon Jackson will know.
You have silenced him, convener.
Seeds (Miscellaneous Amendments) (Scotland) Regulations 2002 (SSI 2002/520)
We need to give some attention to these regulations. Have you given them much attention, Murdo?
No, convener, but I can read, so I will do that. There are a number of problems with the regulations. We should ask the Executive why regulation 2(4)(b) purports to insert paragraph (1A) after paragraph (1) of regulation 9 of the Cereal Seeds Regulations 1993, as amended, when it appears that there is already a regulation 9(1A) in the 1993 regulations. There appears to be a drafting error there on the part of the Executive.
A similar comment applies to regulation 3(4)(b).
Regulation 2(5) inserts new regulation 9B into the Cereal Seeds Regulations 1993. It might have been clearer if, in that new regulation, the word "supplied" had been inserted after the word "Bulk"—at least I am sure that it would have been clearer to some people.
We can ask the Executive to comment on those matters.
I am curious about the legal brief's final point on the regulations, which says that regulation 2 amends the 1993 regulations to refer to a person who is authorised to take samples, but that the paragraph to which regulation 2 refers—which is paragraph 8A of schedule 5—does not mention the authorisation of people who can do that.
That is right. That is an important point.
That seems a slightly more important point—but perhaps not.
No, it is. We will ask the Executive to comment on that point.
At least we can find out why paragraph 8A is drafted as it is. There might be a reason for that or there might just be a mistake.
I think that it is just a mistake, but we will ask the Executive anyway.
Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Amendment Regulations 2002 <br />(SSI 2002/521)
The Executive has amended the regulations, but has left something in that it should not have.
We can inquire as to whether this was perhaps a Friday afternoon job.
Another point is that although the Executive has amended the regulations it has not picked up all the points that we raised previously.
We raised loads of points on the regulations, did we not?
Yes. It seems to be rather sloppy not to reflect our other comments.
It is often the case that an instrument has many defects, which are supposed to be corrected the next time round. However, when that time comes the defects have not been corrected. That must be a system error. It cannot be the case that individual people are expected to remember to make the corrections. A person cannot remember six months later that corrections must be made to an instrument.
In this case the time scale involved was only two or three weeks.
There should be a computer system that marks on an instrument that certain aspects are due to be corrected before it is resubmitted to the Subordinate Legislation Committee. However, that does not seem to happen. The corrections seem to get missed every time.
That is a reasonable point, Gordon. Perhaps in our letter to the Executive we will simply comment that we have noticed on other occasions that detailed points that we raised on instruments have subsequently not been dealt with by the Executive, which might be due to pressure of work or a glitch in the system.
For example, if the corrections were entered into a computer system at the appropriate time as being required, when the Executive redrafts the regulations someone could press a button and say, "Oh, yeah. Six months ago we put in that these things had to be changed." However, somehow the system does not operate properly.
Okay. We will notify the Executive.
Good morning, madam.
You have missed the Egyptian tatties, I am afraid.
I eat only Scottish produce.
Aw, well, that is awright—you narrow nationalist. [Laughter.]
I will not bother—but I will later.
Scottish Local Government Elections Amendment Rules 2002 (SSI 2002/522)
The rules seem okay.