Subordinate Legislation Committee, 08 Dec 2009

Meeting date: Tuesday, December 8, 2009

Official Report 117KB pdf

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Instruments subject to Annulment

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Law Applicable to Contractual Obligations (Scotland) Regulations 2009 (SSI 2009/410)

It is suggested that the committee might wish to report, first, that an explanation has been sought from and provided by the Scottish Government about the choice of the negative procedure for the regulations made under the powers in section 2(2) of the European Communities Act 1972, and that the committee is satisfied with that explanation.

Secondly, it is suggested that the committee reiterates that it would be helpful for the Scottish Government's reasons for the choice of procedure that is to be adopted for instruments that are made under section 2(2) and amend primary legislation to be explained in the Executive note that accompanies the instrument. When an instrument affects primary legislation, the committee's starting point is a presumption in favour of affirmative procedure, and in those circumstances it would be for the Scottish Government to explain and justify the use of negative procedure. Are we agreed?

Members indicated agreement.

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Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No 4) Regulations 2009 (SSI 2009/411)<br />Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Amendment Order 2009 (SSI 2009/413)

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Sheep and Goats (Identification and Traceability) (Scotland) Revocation Regulations 2009 (SSI 2009/415)<br />Zoonoses and Animal By-Products (Fees) (Scotland) Amendment Regulations 2009 (SSI 2009/416)

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Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (SSI 2009/418)<br />Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (Scotland) Regulations 2009 (SSI 2009/419)

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Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2009 (SSI 2009/426)<br />Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2009 (SSI 2009/427)

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Adoption and Children (Scotland) Act 2007 (Modification of Subordinate Legislation) Order 2009 (SSI 2009/429)

The committee agreed that no points arose on the instruments.

We agreed last week that we would take the final agenda item in private. We will pause for a moment while our friends leave us.

Meeting continued in private until 14:49.