Official Report 87KB pdf
Instruments Subject <br />to Annulment
Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 (SSI 2008/404)
I have two questions for members. Is the committee content with the Scottish Government's response concerning the choice of procedure adopted?
Do we want to report to the lead committee and the Parliament that, in the particular circumstances of the case, we consider that the use of negative procedure is appropriate, but that each case should be considered on its merits, and that it would have been helpful for the reasons for the choice of procedure to have been set out in the Executive note that accompanies the regulations? Further, do we agree to report that, where an instrument affects primary legislation, the starting point should be a presumption in favour of affirmative procedure and, in those circumstances, it would be for the Scottish Government to explain and justify the use of negative procedure?
I welcome Bob Doris to the meeting.
Thank you, convener, and my apologies for being late.
That is all right.
Pollution Prevention and Control (Scotland) Amendment Regulations 2008 (SSI 2008/410)<br />Local Government (Allowances and Expenses) (Scotland) Amendment Regulations 2008 (SSI 2008/414)
Assistance by Way of Representation (District Court Financial Limit) (Scotland) Order 2008 (SSI 2008/416)
The committee agreed that no points arose on the instruments.