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Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No 2) Amendment (No 4) Regulations 2001<br />(SSI 2001/394)
A few points arise on the regulations. I believe that Bristow Muldoon has an interest in the fact that regulation 2(4) does not contain an appeal provision.
I did not raise the matter in relation to these regulations. However, when the committee has discussed similar instruments at previous meetings, it has expressed the view that it would be desirable to have an appeals procedure other than judicial review for people who feel that they have been improperly treated in the course of the application of the regulations. As the Executive has consistently taken the view that judicial review is an appropriate means of appeal, the only course that we can take is to note our position again. If the lead committee wants to make it a substantive issue, it can raise the matter with the Executive.
In relation to these regulations, do you want us to repeat to the Executive that, although we understand its position, we would prefer an appeals provision to be included?
I do not think that there is much point in raising the matter with the Executive, as we will simply get the same response that we have already received about similar instruments. Perhaps we should just draw the matter to the attention of the lead committee. If that committee then felt that the issue was substantive as far as these particular regulations were concerned, it could raise the matter with the Executive.
That sounds acceptable.
Housing (Scotland) Act 2001 (Transfer of Scottish Homes Property etc) Order 2001 (SSI 2001/396)
A point has been noted in relation to article 2 of the order, which contains a definition of Scottish Homes. Although the Housing (Scotland) Act 2001 and the enabling power mention Scottish Homes, the act does not contain any such definition.
Perhaps that definition should have been contained in the primary legislation.
Probably.
If that is a criticism of the primary legislation—and I would need to examine the Housing (Scotland) Act 2001 to know whether it is—it is not a criticism of the order itself. All the order says is that Scottish Homes is the same body that is referred to in the parent act. If Scottish Homes is not defined in that act then—tough. Do you follow what I mean?
No. Would you say it again?
All the order says is that the Scottish Homes referred to in the order is the same Scottish Homes that is found in the primary legislation. If it is not defined in the primary legislation, so be it. We should just leave the matter.
Although that is probably not the neatest way of doing things, it does not materially affect the order.
The point is whether the subordinate legislation is adding to or amending the primary legislation. However, that is not a major issue in this case, because there is no argument about the definition of Scottish Homes. Everybody accepts what Scottish Homes is.
That said, subordinate legislation should not introduce definitions. However, in this case, it is very clear what is meant by Scottish Homes.
Import and Export Restrictions<br />(Foot-and-Mouth Disease) (Scotland) (Recovery of Costs) Regulations 2001<br />(SSI 2001/401)
No points arise on the regulations. The fact that they breached the 21-day rule is acceptable, because they are dealing with a real emergency.