Official Report 131KB pdf
The order breaches the 21-day rule and the question of vires also applies. The Executive has corrected a typographical error, but the order contains a further error in the definition of listed buildings, which will cause difficulty for those involved in interpreting the legislation.
There is also the reserved matter of telecommunications and wireless telegraphy. Consistent to what was said in relation to the previous order, we should seek reassurance from the Executive that it has checked the implications that arise from that issue.
We will do that.
If the Executive includes in an order a reference to a publication such as "The Inventory of Gardens and Designed Landscapes in Scotland", it should make clear where a copy of the publication can be found.