Subordinate Legislation Committee, 08 Jun 2004

Meeting date: Tuesday, June 8, 2004

Official Report 224KB pdf

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Executive Responses

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Town and Country Planning<br />(Electronic Communications) (Scotland) Order 2004 (draft)

Agenda item 2 is Executive responses. Following the Executive's responses to our questions on the order, the legal brief recommends that we draw the instrument to the attention of the lead committee and the Parliament on the following grounds:

"(a) defective drafting on point 1 acknowledged and now corrected …

(b) failure to follow proper legislative practice on points 2 and 4, again acknowledged by the Executive and now corrected;

(c) defective drafting on point 3";

the footnote references, which have been corrected in the new draft order; and

"(d) that information was requested on progress on consolidation".

Members will see from the Executive's reply that consolidation will be completed when time and resources are available. Do members agree to draw those points to the attention of the lead committee and Parliament?

Members indicated agreement.

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Crofting Community Body Form of Application for Consent to Buy Croft Land etc and Notice of Minister's Decision (Scotland) Regulations 2004 (SSI 2004/224)

Members will remember that the regulations had a huge number of problems. Following the Executive's response, it is suggested that we might want to draw the attention of the lead committee and the Parliament to the following points:

"(a) that there is a doubt as to whether"

the regulations

"are intra vires on points 1, and 9;

(b) failure to follow proper legislative practice on points 2, 4, 5, and 7;

(c) defective drafting on points 3, 10 and 11;"

and

"(d) that the meaning could be clearer on points 6 and 8".

Question 12 is whether the matter is sufficiently intra vires and covers what it should under the parent act. The Executive has replied that it is constructing guidance that will assist crofting community bodies and others to exercise their rights. Does the committee think that the Executive has given a sufficient explanation? Should we flag it up to the lead committee and Parliament that we are still a wee bit concerned that the regulations could be clearer?

Yes, and we should just agree to the rest of the recommendations.

Are we agreed?

Members indicated agreement.

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Crofting Community Right to Buy<br />(Grant Towards Compensation Liability) (Scotland) Regulations 2004 (SSI 2004/225)

The recommendation is to draw to the attention of the lead committee and the Parliament

"(a) that there appears to be doubt as to whether"

the instrument

"is intra vires on point 3;"

and that there is

"(b) defective drafting on point 2 acknowledged by the Executive"

and

"(c) defective drafting of the Explanatory Note acknowledged by the Executive."

Most of our points have been acknowledged by the Executive. Do we agree with that recommendation?

Members indicated agreement.

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Crofting Community Right to Buy (Compensation) (Scotland) Order 2004<br />(SSI 2004/226)

Again, the recommendation is to draw to the attention of the lead committee and the Parliament that there is:

"(a) defective drafting or possibly unexpectedly limited use of the power (or both) on point 1;

(b) defective drafting on point 2;

(c) that its meaning could be clearer and/or defective drafting on point 3;

(d) that there appears to be a doubt as to whether it is intra vires on point 4;"

and that there is

(e) defective drafting of the Explanatory Note on point 5."

Are we agreed?

Members indicated agreement.

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Crofting Community Right to Buy (Ballot) (Scotland) Regulations 2004 (SSI 2004/227)<br />Community Right to Buy (Ballot) (Scotland) Regulations 2004 (SSI 2004/228)

Again, the legal briefing recommends that the committee might want to draw the attention of the lead committee and the Parliament to the following points:

"(a) failure to follow proper legislative practice acknowledged in part by the Executive on points 1 and 3;

(b) that there is a doubt as to whether they are intra vires on points 5 and 6;

(c) defective drafting on point 6;

(d) that their meaning required explanation (supplied by the Executive) on point 4."

Is that agreed?

Members indicated agreement.

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Community Right to Buy (Compensation) (Scotland) Regulations 2004 (SSI 2004/229)

The legal brief recommends that the committee draw the attention of the lead committee and the Parliament to the regulations on the grounds

"(a) that there is a doubt as to whether regulation 3(2) is intra vires",

and that there has been

(b) Failure to follow proper legislative practice on point 1, acknowledged by the Executive."

Is that agreed?

Members indicated agreement.

I have to say that our legal advisers have done a good job on all the instruments because so many of our points were accepted by the Executive.

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Community Right to Buy<br />(Register of Community Interests in Land Charges) (Scotland) Regulations 2004<br />(SSI 2004/230)

The committee may wish to consider drawing the regulations to the attention of the lead committee and the Parliament on the ground that they required explanation, which we asked for and which has been supplied by the Executive. Is that agreed?

Members indicated agreement.

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Community Right to Buy<br />(Specification of Plans) (Scotland) Regulations 2004 (SSI 2004/231)

The legal brief recommends that the committee might consider drawing the attention of the lead committee and the Parliament to the regulations on the grounds that there is a doubt as to whether regulation 3 is intra vires; and that there is defective drafting as outlined in the legal brief. Is that agreed?

Members indicated agreement.

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Community Right to Buy (Forms) (Scotland) Regulations 2004 (SSI 2004/233)

The committee might consider drawing the attention of the lead committee and the Parliament to the instrument on the ground that its form could be clearer. Is that agreed?

Members indicated agreement.

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Victim Statements (Prescribed Offences) (Scotland) Amendment Order 2004<br />(SSI 2004/246)

The recommendation is that the committee considers drawing the attention of the lead committee and the Parliament to the order on the ground of defective drafting that has been acknowledged by the Executive, which the Executive has moved to correct. Is that agreed?

Members indicated agreement.