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Chamber and committees

Subordinate Legislation Committee, 07 Oct 2008

Meeting date: Tuesday, October 7, 2008


Contents


Scottish Government Responses

After our meeting on 1 October, the committee wrote to the Scottish Government about two Scottish statutory instruments. Members have seen the responses.


Energy Performance of Buildings (Scotland) Regulations 2008 (SSI 2008/309)

Are members satisfied with the clarification provided and that we should report the regulations on that basis?

Helen Eadie:

I have a concern. I am sure that you will keep me right if I go outwith the remit of the committee—I do not know whether it is a policy matter. I wonder whether it is appropriate that

"a penalty charge may be incurred and enforced by a local authority in circumstances where an oral request has not been complied with."

The legal brief goes on to say:

"No recorded evidence may be available to confirm that the circumstances have arisen for a penalty charge notice to be issued."

Is that an appropriate point for the committee to be concerned about?

My advice is that we can notify the lead committee about it, but that that is the limit of what we can do.

I would like to notify the lead committee because I am not happy about the matter. It is entirely unsatisfactory, convener, but I accept your guidance.

Yes, that is just about as far as we can go.

I am concerned about that as well. It would seem to be an impossible task for local government. I do not know how it could be proved that an oral request was not made. How do we bring that to the lead committee's attention?

It will be in our report.

When we report to the lead committee, shall we mention the good point that the Government could issue non-statutory guidance on the matter?

If members are happy with that, we will do that.

Members indicated agreement.

Are members content to draw the explanation to the lead committee's attention because of its policy interests?

Members indicated agreement.


Inshore Fishing (Prohibition on Fishing) (Lamlash Bay) (Scotland) Order 2008 <br />(SSI 2008/317)

Are members content to report to the lead committee and the Parliament that confirmation has been received that the prohibition in the order applies to an area that is in Scottish inshore waters?

Members indicated agreement.