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Chamber and committees

Subordinate Legislation Committee, 05 Sep 2000

Meeting date: Tuesday, September 5, 2000


Contents


Prohibition of Fishing with Multiple Trawls (Scotland) Order 2000 (SSI 2000/226)

We now move on to negative instruments. We have received a variety of legal advice on this instrument. For example, I do not know whether members wish to comment on the definition of a sound.

Trish Godman:

I do not know whether that definition is right or wrong; however, it is reasonable to assume that a sound does not have a coastline. Furthermore, no map has been provided and the words "Fishing with" have been missed out of the title in article 1.

There is also a wrong reference to a regulation; we have been advised that that is a serious defect, so perhaps that should be considered as well.

The Convener:

The legal adviser's notes point out that no plan was produced with this order and that we require confirmation that article 46 of Council regulation 850/98 has been complied with. I know that we are anxious to allay the Executive's fears and to make it clear that we do not do things out of cussedness, but I too would be curious to know the definition of a sound and whether it can have a coastline or not. We could perhaps raise that point.