Subordinate Legislation Committee,

Meeting date: Tuesday, May 10, 2005

Official Report 111KB pdf

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Instruments Subject to Annulment

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Instruments Subject <br />to Annulment

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Materials and Articles in Contact with Food (Scotland) Regulations 2005 <br />(SSI 2005/243)

The regulations raise the issue of failing to cite in the preamble the consultation requirement under article 9 of regulation 178/2002 of the European Parliament and of the Council.

We have previously raised this on-going matter and we are awaiting the Executive's reply. We suggested an alternative route, using a footnote. I gather that that is on the agenda for next week and we will hopefully take the matter a little further then, when we have the Executive's response.

I suggest that for now we simply draw the regulations to the attention of the lead committee and the Parliament on the basis of defective drafting.

Also, the Executive has been inconsistent in how it expresses revocations in the regulations. Regulation 16 revokes two of the amending instruments, but not the third, which is the Food Safety Act 1990 (Consequential Modifications) (No 2) (Great Britain) Order 1990 (SI 1990/2487), despite the fact that it is mentioned in a footnote. We think that that is an oversight, and we will raise the matter with the Executive. Is that agreed?

Members indicated agreement.

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Fireworks (Scotland) Amendment Regulations 2005 (SSI 2005/245)

We mentioned a few issues about the amending regulations and the principal regulations. The first point is that section 2(3) of the Fireworks Act 2003 requires ministers to consult various bodies before making regulations under that section. The issue is how that affects the Crown. The requirement to consult was narrated in the principal regulations, and is also narrated in the amending regulations before us. That has all been sorted.

Members indicated agreement.

Secondly, section 2(4) of the 2003 act requires ministers to issue a full regulatory impact assessment detailing the financial, social and environmental impact of the proposed regulations. That requirement was fulfilled and narrated in the principal regulations, but it has not been narrated in the amending regulations. We might wish to ask the Executive to explain why there is no reference anywhere in the regulations to the requirement under section 2(4) of the 2003 act to issue a full regulatory impact assessment. Is that agreed?

Members indicated agreement.

There is also a minor drafting point, which we can deal with by informal letter.

Members indicated agreement.

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Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (Scotland) Regulations 2005 (SSI 2005/246)

The regulations breach the 21-day rule. The letter accompanying the regulations explains that, in the view of the Food Standards Agency Scotland, the breach was justified because the enforcement of the Commission decision in Scotland was a matter of urgency.

Members indicated agreement.

The clerk has reminded me to move into private session for the last item on the agenda, our draft annual report, which we will deal with very quickly.

Meeting continued in private until 10:52.