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Chamber and committees

Subordinate Legislation Committee

Meeting date: Tuesday, September 6, 2011


Contents


Instruments subject to Negative Procedure


Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011 (SSI 2011/282)

The Convener

As members will note from the legal brief, the regulations were not laid at least 28 days before they came into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The committee is therefore invited to draw the regulations to the Parliament’s attention on the relevant reporting ground, which is rule 10.3.1(j) of the standing orders. Are we happy to do that in the first instance?

Members indicated agreement.

The Convener

At the same time, members might wish to note the explanation that has been provided by the Food Standards Agency for failing to lay the regulations 28 days before they came into force. The explanation is that, in order to give effect to a European Commission regulation from the date that it applied and to do so concurrently with equivalent legislation in the rest of the United Kingdom, it was necessary to bring the regulations into force on 1 July 2011. Mindful of that explanation, the committee might wish to reflect that it is satisfied in this instance with the reasons provided by the Government for failing to comply with section 28(2) of the 2010 act. Are members happy with that explanation?

Members indicated agreement.


Pollution Prevention and Control (Scotland) Amendment Regulations 2011 (SSI 2011/285)


Local Government (Allowances and Expenses) (Scotland) Amendment Regulations 2011 (SSI 2011/304)



The committee agreed that no points arose on the instruments.