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Instruments Subject <br />to Annulment
Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Order 2005 (SSI 2005/103)
There are some minor points on the order, which need to be taken up in an informal letter. Basically, however, no substantial points have been identified on the order.
Non-Domestic Rating (Former Agricultural Premises) (Scotland) Order 2005 <br />(SSI 2005/104)<br />Non-Domestic Rates (Levying) (Scotland) Regulations 2005 (SSI 2005/126)
Non-Domestic Rating (Valuation of Utilities) (Scotland) Order 2005 <br />(SSI 2005/127)<br />National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2005 (SSI 2005/82)
National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2005 (SSI 2005/84)
No points have been identified on the instruments.
Water Environment (Drinking Water Protected Areas) (Scotland) Order 2005 (SSI 2005/88)
No points have been identified on the Water Environment (Drinking Water Protected Areas) (Scotland) Order 2005 (SAS 2005/88). Is the "SAS" in our papers correct?
What does SAS stand for?
That should in fact read "SSI". I thought that that was unusual.
Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2005 (SSI 2005/90)
The order provides for the enforcement in Scotland of European Community measures restricting fishing for cod and sole for the purpose of conserving stocks. The order breaches the 21-day rule. The Executive has provided a letter to the Presiding Officer, setting out the reasons for that, which I think we would all agree are reasonable.
This is not the first time that we have come across the issue of what the Executive means by "designated port". There is a likelihood of confusion in this instance, so I think we should ask the Executive about the matter again.
That is what the legal advisers have highlighted, especially given that failure to comply with the article is a criminal offence.
You should definitely ask that question, convener.
We are all agreed.
There was also a point about one of the paragraphs of article 33 not being numbered correctly.
That is correct. The first paragraph of article 33 is not numbered. Well done.
Dairy Produce Quotas (Scotland) Regulations 2005 (SSI 2005/91)
No points arise on the regulations.
Plastic Materials and Articles in Contact with Food Amendment (Scotland) Regulations 2005 (SSI 2005/92)
I think that the points that arise in relation to these regulations are similar to those that arise in relation to the Colours in Food Amendment (Scotland) Regulations 2005 (SSI 2005/94), which will be considered later. Would anybody like to comment on the regulations, or should I just go through the legal advisers' points?
In order not to disappoint committee members or Executive staff, I begin by saying that there is, yet again, no transposition note. Nor is there a transposition note for SSI 2005/94. This is something on which it is worth keeping up the pressure on the Executive. I know its view; nevertheless, I remain fixed in my view that there should be a transposition note.
I recommend that we add those regulations to the list of examples that we are keeping as part of our inquiry. Are you suggesting that we should also send an informal letter to the Executive, or should we just leave it at the moment and treat it as part of the on-going issue?
This is the first instrument without a transposition note that we have had before us for some time, is it not? My colleagues are frowning; perhaps it is not. However, I would rather that we raised the issue with the Executive. I am prepared to make a complete pain of myself on this one.
There are two points. The first of those—Gordon! I am going into teacher mode, now.
Stop talking at the back of the class.
The first point is on the missing transposition note. We will add the regulations to the list of examples for our inquiry and we will write an informal letter to the Executive to highlight the issue. The second point is to do with the failure to refer to the requirement to consult and whether the Executive intended the preamble to be expressed in that way. I am sure that it did not, but we will ask that question. Is that agreed?
There is also a typo.
Yes, that is a minor issue that we will highlight with the others. Thank you, Mike.
Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2005 (SSI 2005/93)
This is the 10th set of amendments to the principal regulations, so we could legitimately send a letter saying that it is time for consolidation. Are we agreed?
It is probably past time for consolidation.
I gather that the regulations are getting quite complex now, as so many amendments have been made to them.
Colours in Food Amendment (Scotland) Regulations 2005 (SSI 2005/94)
Christine May referred to the fact that there is no transposition note to the regulations. We might also ask the Executive for an explanation of the failure to refer to the requirement to consult.
We are asking the same questions as for SSI 2005/92.
Absolutely. Is that agreed?
National Health Service (General Dental Services) (Scotland) Amendment Regulations 2005 (SSI 2005/95)<br />Regulation of Care (Excepted Services) (Scotland) Regulations 2002 Partial Revocation Regulations 2005 (SSI 2005/96)
Regulation of Care (Fees) (Scotland) Order 2005 (SSI 2005/97)<br />Regulation of Care (Scotland) Act 2001 (Transitional Provisions) Order 2005<br />(SSI 2005/98)
Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 2005 (SSI 2005/100)<br />Pollution Prevention and Control (Scotland) Amendment Regulations 2005 (SSI 2005/101)
Representation of the People (Variation of Limits of Candidates' Local Government Election Expenses) (Scotland) Order 2005 (SSI 2005/102)<br />Valuation (Stud Farms) (Scotland) Order 2005 (SSI 2005/105)
No points arise on the instruments.
Antisocial Behaviour (Fixed Penalty Offence) (Prescribed Area) (Scotland) Regulations 2005 (SSI 2005/106)
A minor point arises on the regulations, although I am advised that it does not change their legal effect. The regulations refer to Perthshire and Kinross Council, which is incorrect: it should be Perth and Kinross Council. It is perhaps worth recording that in our informal letter to the Executive. The use of incorrect titles for local government has come up as an issue before, so it is perhaps worth mentioning.
I think so. Is that agreed?
Police Grant (Scotland) Order 2005 <br />(SSI 2005/107)
No points arise on the order.
Health Boards (Membership and Procedure) (Scotland) Amendment Regulations 2005 (SSI 2005/108)
No points arise on the regulations. Our legal advisers praised this instrument, which appears to have been drafted with particular care and attention to detail. We must give praise where praise is due.
Hear, hear.
Perhaps we could have an award for the regulations of the month. We could have a ceremony and a dinner.
The regulations have been tailored absolutely to the Scottish context.
Including the remote tables.
Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2005 (SSI 2005/109)
I am sure that this is where my chemistry background comes in useful. No points arise on the regulations.
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