Subordinate Legislation Committee, 10 Dec 2002

Meeting date: Tuesday, December 10, 2002

Official Report 107KB pdf

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Executive Responses

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Seeds (Miscellaneous Amendments) (Scotland) Regulations 2002 (SSI 2002/520)

The first item is executive responses to points that we made last week. We asked the Executive three questions on the regulations, to which it has given us good answers. On our first point, the Executive has acknowledged the drafting errors and expresses gratitude to the committee. The Executive will prepare an instrument to correct the errors as a matter of urgency. We are pleased about that.

Should we be polite and tell the lead committee?

We need to draw the regulations to the attention of the lead committee on the ground of defective drafting, but state that the Executive acknowledges the errors and will bring forward an amending instrument.

I have no wish to be pedantic, but—

This is just the committee for that.

The Executive acknowledged our first two points, but has not acknowledged our third point. Perhaps the lead committee needs to be aware that the amending instrument may not cover that third point.

Okay. That is to do with the misplaced modifier, is it not?

That is the one.

We will also draw that to the attention of the lead committee.

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Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Amendment Regulations 2002 <br />(SSI 2002/521)

Again, we may draw the attention of the lead committee and the Parliament to the regulations on the ground of defective drafting, which was acknowledged by the Executive in response to our first point.

Our second and third points raised the issue that Gordon Jackson was particularly exercised about last week, which is the general standard of drafting and the mechanisms whereby that is addressed before instruments come to the Subordinate Legislation Committee. The Executive has acknowledged some of our points on the regulations, but has not amended everything that we wanted amended because the Executive believes that those points do not affect the regulations hugely. However, we might want to address this issue to the appropriate authorities at an informal meeting at another time, rather than make a fuss about these particular regulations. Is that fair?

Members indicated agreement.