Subordinate Legislation Committee, 06 Oct 2005

Meeting date: Thursday, October 6, 2005

Official Report 100KB pdf

---

Instruments Subject to Annulment

---

Instruments Subject <br />to Annulment

---

Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 2005 <br />(SSI 2005/458)<br />Plant Breeders' Rights (Discontinuation of Prior Use Exemption) (Scotland) Order 2005 (SSI 2005/460)

No points arise on the instruments.

---

TSE (Scotland) Amendment (No 2) Regulations 2005 (SSI 2005/469)

The TSE (Scotland) Amendment (No 2) Regulations 2005 (SSI 2005/469) further amend the principal regulations, the TSE (Scotland) Regulations 2002 (SSI 2002/255), which concern the prevention, control and eradication of BSE. The new regulations implement requirements for testing bovine animals aged over 30 months that have been slaughtered for human consumption. Three points have been identified. I will run through them quickly. Members may then add any additional points that they have.

First, we might wish to ask the Executive to explain the scope of the obligation on the Scottish ministers in new regulation 10A(3)(c) of the parent regulations, in particular the persons to whom the "written notification" that is mentioned in that subparagraph ought to be given. Members will note that three people are concerned, but it is not clear who the notice is to go to.

Secondly, we could ask the Executive why the definition of "relevant bovine animal" in new regulation 10A(9)(b) of the parent regulations includes an exception by reference to the Fresh Meat (Beef Control) (No 2) Regulations 1996 (SI 1996/2007), which will be revoked by the time the new instrument is in force. That has been well explained in the legal brief.

Thirdly, we could ask the Executive about the meaning of paragraph 12 of new schedule 1A. In particular, we would like to know what is meant by the term "correct test" in that provision. It would appear that it is not needed.

Members indicated agreement.

I welcome Adam Ingram to the committee. Do you want to raise any further points?

No.

There are also some minor points, which we would want to raise informally.

Thank you for reminding me of those, Murray.

On the minor points, I saw that the Executive used the term "gold plating" in its note. That is not an explanatory note, and I do not think that it forms part of the official publications. However, the term "gold plating" is an odd term to use. It is a rather transient or topical term. It is slang, rather than—

It is useful that the Executive recognises that, however, and the risk that it poses.

I doubt whether the term "gold plating" would be recognisable to all people.

Okay. We can certainly take that point on board.

I welcome Stewart Maxwell to the meeting.

We are almost finished.

---

Bovine Products (Restriction on Placing on the Market) (Scotland) Regulations 2005 (SSI 2005/470)

No substantive points arise on the regulations. There were, however, some minor points, which we can raise by informal letter. Is that agreed?

Members indicated agreement.