Subordinate Legislation Committee, 10 Feb 2009

Meeting date: Tuesday, February 10, 2009

Official Report 78KB pdf

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Marine and Coastal Access Bill

I welcome everyone to the sixth meeting of the committee this year. Please switch off all mobiles and BlackBerrys.

Item 1 relates to United Kingdom legislation. We will consider delegated powers in connection with the legislative consent memorandum that has been lodged for the Marine and Coastal Access Bill. I will go through the delegated powers in order. Where we are invited to find powers based on the same type of procedure acceptable, I will group them together in one question.

On clause 63, "Licensable marine activities", do members agree that the delegated power is acceptable in principle and should be subject to affirmative procedure?

Members indicated agreement.

Do members agree that we should report concerns about how division of the power between the Scottish ministers and the secretary of state, and their future exercise of the power, may affect the overall transparency of the statutory regime?

Members indicated agreement.

On clause 64, "Applications", and clause 66, "Determination of applications", do members agree that the delegated powers, which are subject to negative procedure, are acceptable and that we should report to the Parliament on that basis?

Members indicated agreement.

On clause 67, "Inquiries", which relates to the extension of powers under section 210(7B) of the Local Government (Scotland) Act 1973, do members agree that the delegated power, which is subject to no procedure, is acceptable and that we should report to the Parliament on that basis?

Members indicated agreement.

I welcome Helen Eadie. Nothing is intended by the seating arrangement.

It is due to my arriving late.

On clause 70, "Appeals against licensing decisions", do members agree that the delegated power, which is subject to negative procedure, is acceptable and that we should report to the Parliament on that basis?

Members indicated agreement.

On clause 71, "Exemptions specified by order", do members agree that the power is acceptable in principle and should be subject to negative procedure?

Members indicated agreement.

Do members agree that we should draw the attention of the lead committee to the relationship between this power and the power under clause 63(3), and to the circumstances in which the Parliament may expect the respective powers to be used?

Members indicated agreement.

On clause 90, "Fixed monetary penalties", and clause 92, "Variable monetary penalties", do members agree that the delegated powers, which are subject to affirmative procedure, are acceptable and that we should report to the Parliament on that basis?

Members indicated agreement.

On clause 95, "Delegation of functions relating to marine licensing", clause 98, "Register", clause 105, "Appeals against notices", and clause 203, "Orders prohibiting the taking and sale of certain lobsters", do members agree that the delegated powers, which are subject to negative procedure, are acceptable and that we should report to the Parliament on that basis?

Members indicated agreement.