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Chamber and committees

Subordinate Legislation Committee, 07 Dec 2004

Meeting date: Tuesday, December 7, 2004


Contents


Executive Response


Agricultural Holdings (Forms) (Scotland) Regulations 2004 (SSI 2004/497)

The Convener:

Members will recall that we pointed out the lack of any requirement to provide an up-to-date address on the form, as detailed in schedule 2. The Executive does not seem to consider that a problem. However, the Executive will be keeping an eye on the matter and will produce an amendment if there turns out to be an issue.

Christine May (Central Fife) (Lab):

I note what the Executive has said, but I return to what I said last week: it is important for the effective working of the regulations that there is an up-to-date register. We should report the regulations on the ground that the power is being applied too narrowly. We need to make that point to the lead committee and the Parliament. If there is a way of doing that without impinging on the policy considerations, which are the responsibility of other committees, we should do it.

I agree with Christine May. It is important to have an up-to-date register. The Executive has been slightly disingenuous in its response.

The Convener:

It is suggested—and I take my words from the legal brief—that there has been an

"unduly limited use of the power",

as opposed to defective drafting. We should report the regulations to the lead committee and the Parliament on that ground. It is also suggested that we include in our report an extract of the Official Report of our meeting on 30 November to highlight our concerns and to ensure that the lead committee is fully informed. Is that agreed?

Members indicated agreement.

We welcome Mike Pringle to the meeting.

The late Mike Pringle.

You had said that you might be late, Mike—that is fine.

Sorry about that.