Transport and the Environment Committee, 04 Apr 2001
Meeting date: Wednesday, April 4, 2001
Official Report
115KB pdf
Subordinate Legislation
Agenda item 2 is consideration of the Environmental Protection Act 1990 (Amendment) (Scotland) Regulations 2001 (SSI 2001/99). The instrument was laid on 14 March and the Transport and the Environment Committee has been designated as the lead committee for consideration of the instrument.
We have received an Executive covering note and a committee covering note on the instrument. We will follow the standard negative procedure, under which the Parliament has power to annul the order by resolution within 40 days, excluding recess. The time limit for parliamentary action is 4 May 2001. The committee should therefore report back on the instrument prior to 30 April 2001.
The Subordinate Legislation Committee considered the instrument on 27 March 2001 and drew the Parliament's attention to that committee's doubts as to whether the instrument is intra vires, with regard to the Scotland Act 1998. That committee also took the view that the order raises devolution issues. The relevant extracts from the Subordinate Legislation Committee's report on the instrument have been circulated to members with the covering note. I seek members' views on the instrument.
I think that we can, theoretically, agree to the instrument. If the instrument is ultra vires and anybody finds that their rights would be infringed by it, it is open to them to take action and they would be able to cite in evidence the reservations of the Subordinate Legislation Committee. We should note in passing that committee's reservations, but we should agree not to take exception to the instrument.
That is a view with which I concur. Are members happy with that?
Members indicated agreement.
We can therefore forward that view to the Executive and say that the committee has nothing to report on the matter.