Subordinate Legislation Committee, 04 Nov 2008
Meeting date: Tuesday, November 4, 2008
Official Report
107KB pdf
Flood Risk Management (Scotland) Bill: Stage 1
We must go through agenda item 3 carefully. This is our first consideration of the bill at stage 1.
The bill was introduced on 29 September 2008. The Government has lodged a delegated powers memorandum for consideration. Many provisions in the bill delegate power to make subordinate legislation, as members will have read in our legal brief. In addition, there are delegated powers that are not powers to make subordinate legislation, but which confer power on Scottish ministers to provide directions and guidance on particular matters.
The committee is asked to make a large number of decisions today, so I will group together provisions and refer members at all times to the summary of recommendations.
Are members content to write to the Government in the terms that are set out in the summary of recommendations in relation to the following: section 1(3)(a)(ii); section 1(3)(b)(ii); section 1(3)(c)(ii); section 1(3)(d)(ii); section 2(1); section 5(c); section 9(2); section 10(1)(a); section 29(6); section 44(1); section 52(4); section 12ZA of the Reservoirs Act 1975, which will be inserted by section 77; section 82(1); and paragraph 13 of schedule 2?
Members indicated agreement.
Are we content to ask the Government to consider making the delegated powers in the following sections subject to a requirement to consult the Scottish Environment Protection Agency before they are exercised: section 13; section 14; section 16; sections 18(4), 18(5) and 18(6); and section 23(2)?
Members indicated agreement.
Are we content that the delegated powers in the following sections are acceptable in principle, and that they are subject to the negative procedure: section 8(1)(b); section 9(4)(a)(iii); section 11; section 15; section 18(1)(b)(iv); section 18(8)(a); section 19(2)(f); section 22; section 23(5)(b); section 35(1); section 48(2); section 52(2)(b); section 53(7); paragraph 1(1)(f)(vii) of schedule 2; and paragraph 14(1) of schedule 2?
Members indicated agreement.
I dare you to repeat that.
I will not. I beg the committee not to ask me to do so; this is testing your convener.
I draw members' attention to section 86(1). The summary of recommendations refers to the power it confers being subject to the negative procedure but, as it is a commencement power, it is not subject to any parliamentary procedure. Are members therefore content that the delegated power in section 86(1) is acceptable in principle, and that it is not subject to any parliamentary procedure?
Members indicated agreement.
Are we content that the proposed delegated powers, which are to issue directions, in the following sections, are acceptable in principle: section 26; section 27; section 28; section 30; section 31; section 33; section 54; and section 65?
Members indicated agreement.