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Instruments Subject <br />to Annulment
Building Standards Advisory Committee (Scotland) Regulations 2004 (SSI 2004/506)
We turn to item 5. These regulations replace regulations dating from 1959. The new regulations do not seem to provide the time limit for appointments to membership of the Building Standards Advisory Committee. I seek members' views.
Both the points that are suggested in the legal brief should be made. First, it is unclear who has responsibility for determining the period of office of committee members. Secondly, we should seek clarification on what that period of office is to be.
Yes. Is that agreed?
We need to ask the Executive the question.
It is agreed that we ask the Executive about the two points that Christine May has highlighted.
Building (Fees) (Scotland) Regulations 2004 (SSI 2004/508)
The legal advisers have not identified any issues on the regulations.
Control of Volatile Organic Compounds (Petrol Vapour Recovery) (Scotland) Regulations 2004 (SSI 2004/512)
The regulations implement a derogation from European legislation so that service stations with an annual throughput of less than 500m3 will be exempt from the legislation's requirements. No major issues have been identified on the regulations. However, one minor point has been outlined by our legal advisers, and it is suggested that we write an informal letter on the matter. Is that agreed?
Act of Sederunt (Fees of Sheriff Officers) 2004 (SSI 2004/513)
The legal advisers have not identified any issues on the act of sederunt.
Water Environment (Register of Protected Areas) (Scotland) Regulations 2004 <br />(SSI 2004/516)
The legal advisers have not identified any substantial issues on the regulations. However, they do highlight an issue concerning the timing of the regulations: the parent act imposes a duty on the Scottish Environment Protection Agency prior to the coming into force of the regulations. Do members wish to raise the matter with the Executive?
I do not think that we need to, particularly given that SEPA is a public body.
There are therefore no points on the regulations.
Road User Charging (Exemption from Charges) (Scotland) Regulations 2004 <br />(SSI 2004/519)
We have not identified any substantial issues on the order. However, there is a drafting point concerning regulation 3(b), which we might wish to ask the Executive about. Is that agreed?
When do people have discretion on an obligation, and when do they not?
Exactly.
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Draft Instrument Subject to Approval