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Chamber and committees

Subordinate Legislation Committee, 06 Nov 2007

Meeting date: Tuesday, November 6, 2007


Contents


Instruments Subject to Annulment


Instruments Subject <br />to Annulment


District Courts and Justices of the Peace (Scotland) Order 2007 (SSI 2007/480)

The Convener:

Instead of reading out points (a) to (f), I draw members' attention to the summary of recommendations. We seek clarification on all the issues raised, but the one in paragraph (d) sprang out at me. Are members content that we ask those six questions, and to raise minor points informally?

Members indicated agreement.


Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No 3) Regulations 2007 (SSI 2007/481)

Are members content to ask the Scottish Government the questions in paragraphs (a), (b) and (c) in the summary of recommendations, and to raise minor points informally?

Members indicated agreement.

The Convener:

In addition, are members content that the question whether the principal regulations—the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005 (SSI 2005/109)—that the regulations amend should be consolidated has been adequately addressed by the Scottish Government, as explained in its note?

Members indicated agreement.


Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No 2) Regulations 2007 (SSI 2007/483)

The Convener:

We move to consideration of a highly newsy item. I am sure that members will have noticed that, for the first time, the Subordinate Legislation Committee has made the pages of The Sun. Perhaps that is why we got rather excitable about a previous agenda item.

It is worth noting in passing that the question that we had thought about asking the Executive, which is mentioned in our legal brief, has been addressed, as was mentioned before the meeting. Therefore, are members happy that we no longer need to write to the Scottish Government on that point?

Members indicated agreement.

The Convener:

It is great the way our legal advisers take up such matters and sort them out efficiently.

Perhaps I should now do what I failed to do earlier, which is to extend a cordial welcome to our new colleagues on the legal team, Judith Morrison and Colin Gilchrist. We look forward to working with them in the future and thank them very much for joining us. They have come from the Scottish Executive—or rather, the Scottish Government. Whoops!

They have come from what is legally known as the Scottish Executive, which is often described as the Scottish Government.

The Convener:

I am probably legally known as the committee's convener, but have many other names behind the scenes.

Are members satisfied with the explanation that the Scottish Government has provided in relation to the breach of the 21-day rule? Are you content with the regulations?

Members indicated agreement.


Environmental Impact Assessment (Scotland) Amendment Regulations 2007 (SSI 2007/484)

Are members happy to raise points (a) and (b) in the summary of recommendations, and to raise minor drafting points informally?

Members indicated agreement.

The Convener:

In addition, I ask members to note that this is the sixth occasion on which the principal regulations—the Environmental Impact Assessment (Scotland) Regulations (SSI 1999/1)—have been amended. As the consolidation working group is under way—we shall hear more about that later—the committee may consider that the principal regulations warrant mentioning to the group as a potential candidate for consolidation. They are crying out for it, would you not think? Do members agree?

Members indicated agreement.


Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Scotland) Regulations 2007 (SSI 2007/485)

The Convener:

Are members content to ask the Scottish Government to clarify whether, in light of regulation 2(1)(e), it is intended that the regulations should have extraterritorial effect and, if so, whether that might have been reflected in the extent provision?

Members indicated agreement.


Education (School and Placing Information) (Scotland) Amendment Regulations 2007 (SSI 2007/487)

The committee agreed to raise minor points on the instrument.

The Convener:

I ask the committee also to note, as earlier, that this is the fifth occasion on which the principal regulations—the Education (School and Placing Information) (Scotland) Regulations (SI 1982/950) have been amended. As the consolidation working group is now under way, the committee may consider that the principal regulations warrant mentioning to the group as a potential candidate for consolidation. As before, they are crying out for it. Do members agree?

Members indicated agreement.