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Instruments Subject <br />to Annulment
Local Government (Allowances and Expenses) (Scotland) Regulations 2007 (SSI 2007/108)
No substantive points have been identified on the regulations, but there is one minor point, which will be included in an informal letter.
We agreed to suggest in our legacy paper that the next Subordinate Legislation Committee look at the mixture of powers.
We also recommended that our successor committee look closely at the procedure that the Joint Committee on Statutory Instruments uses down south and probe further with the Executive why procedures that are clearly accepted as flawed at Westminster should even be considered here.
Police Grant (Scotland) Order 2007<br />(SSI 2007/109)<br />Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2007 (SSI 2007/112)
Education (Assisted Places) (Scotland) Amendment Regulations 2007<br />(SSI 2007/114)<br />St Mary's Music School (Aided Places) (Scotland) Amendment Regulations 2007 (SSI 2007/115)
Dairy Produce Quotas (Scotland) Amendment Regulations 2007<br />(SSI 2007/118)
No points have been identified on the instruments.
Plant Protection Products (Scotland) Amendment Regulations 2007<br />(SSI 2007/119)
No substantive points have been identified on the regulations, but there is a minor point that we could raise informally. Are members content that we do so?
Supervised Attendance Order<br />(Prescribed Courts) (Scotland) Order 2007 (SSI 2007/120)
No Executive note was provided with the order; a minor point has also been identified. Are members content that we write formally to the Executive to ask why there is no Executive note and that we raise the minor point informally?
Divorce etc (Pensions) (Scotland) Amendment Regulations 2007<br />(SSI 2007/122)<br />Town and Country Planning (Prescribed Date) (Scotland) Regulations 2007<br />(SSI 2007/123)
No substantive points arise in relation to the regulations, but in each case there is a minor point that could be raised informally. Are members content that we do that?
Valuation Appeal Committee (Electronic Communications) (Scotland) Order 2007 (SSI 2007/124)
No substantive points arise on the order, but there is a minor point that can be raised informally. Are members content with the order?
Football Banning Orders (Regulated Football Matches) (Scotland) Order 2007 (SSI 2007/125)<br />Conservation of Seals (Scotland) Order 2007 (SSI 2007/126)
No points arise. Are members content with the orders?
Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2007<br />(SSI 2007/127)
Do members have any concerns about the fact that this measure seems to lack a savings provision?
It is clear from our legal briefing that we would ordinarily expect an instrument of this nature to contain such a provision. It is speculated that there may be none here because no prosecutions are on-going. However, we do not know that and there is no detail on that in the Executive note. Also, I would have thought that, even were that to be the case, it would still be good form for there always to be a savings provision in such an order. We should, therefore, put that point to the Executive and seek an explanation.
It seems logical for us to do that. We should be safe rather than sorry. It seems odd, as it is normal for such provisions to be included in these orders. I am curious to know why the order does not contain one. I am sure that the Executive can provide an explanation.
If members are content, we will write to the Executive, querying why, unlike previous orders, the order contains no explicit savings provision for the purposes of prosecution of offences under the order that it revokes.
Licensing (Appointed Day and Transitional Provisions) (Scotland) Order 2007<br />(SSI 2007/128)<br />Testing of Arrested Persons for Class A Drugs (Prescribed Area) (Scotland) Order 2007 (SSI 2007/131)
No points arise. Are members content with the orders?
Parental Involvement in Headteacher and Deputy Headteacher Appointments (Scotland) Regulations 2007 (SSI 2007/132)
The regulations provide for parental involvement in the process of the appointment of head teachers and deputy head teachers. However, there appears to be a gap in the regulations. Do members have any concerns over that?
The matter is quite important. Appointments require to be carried out properly and in accordance with the procedures, but there seems to be a lacuna in the arrangements. No provision is made for circumstances in which the deputy head teacher, who might be the temporary chairman of the appointment panel, is ruled to be unacceptable or inappropriate for any of a range of reasons. Just as our procedures provide for you, deputy convener, to replace the convener in her absence and, in the absence of both of you, for the oldest member present to convene, it is important that the regulations define carefully who will chair the appointment panel in the event that the specified chairman is not an appropriate person. We need to ask the Executive to look at the matter again and clarify what should be done.
As with this committee, I am sure that it would be almost inconceivable that the deputy head teacher would be unacceptable.
Well, you might be inappropriate in certain circumstances.
Thank you, Murray. We will ask the Executive to explain the practical effect of the regulations and explain who would chair the proceedings if the deputy head teacher was deemed inappropriate.
Marketing of Vegetable Plant Material Amendment (Scotland) Regulations 2007 (SSI 2007/133)
No points arise. Are members content with the regulations?
Police (Scotland) Amendment Regulations 2007 (SSI 2007/134)
No points arise. Members may wish to know that the regulations address a number of points that the committee raised in relation to the Police (Scotland) Regulations 2004.
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