Official Report 297KB pdf
Control of Volatile Organic Compounds (Petrol Vapour Recovery) (Scotland) Regulations 2011 (SSI 2011/418)
Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc) (Scotland) Revocation Regulations 2011 (SSI 2011/428)
Police (Retention and Disposal of Motor Vehicles) (Scotland) Amendment Revocation Regulations 2011 (SSI 2011/429)
Agenda item 4 is consideration of three instruments that are subject to negative procedure. One relates to the control of volatile organic compounds and the other two are instruments that will revoke disposal of vehicles instruments, and which the committee previously raised concerns about. Members should note that no motions to annul have been received in relation to the instruments. I will ask the committee whether, once we have looked at the papers, it wishes to make no recommendations. Are there any comments on the papers?
On Scottish statutory instrument 2011/418, it seems that there has been a drafting error, but it is not of such a nature that it should prevent us from suggesting approval of the instrument. However, the Scottish Government will obviously have to ensure that the drafting error is corrected, so I think it important that the committee impose a monitoring or reporting period for the Scottish Government to come back to us and tell us what it has done to rectify the position.
Okay. There is a problem, though, because the reporting deadline for the instrument is 16 January and it is now 11 January. In terms of the Government reporting back, do you mean before we—
No. I mean that we should go ahead with approval, but should also ask the Government to explain within a reasonable period what it has done to rectify the situation.
Indeed. As members know, the Subordinate Legislation Committee helps enormously to throw up process issues, and we constantly find that drafting of instruments is an issue. Does anyone want to make any comments on the instruments? We will not make any unless members are of the view that we should.
What is the error in the instrument?
It is explained in the explanatory memorandum.
Page 8 states that the Scottish Government responded with:
I think that this is the fourth order that we have come across in which mistakes have been made. I am sure that someone somewhere is trying to rectify that situation and that they will take note of what has been said here.
That is now on the record, so we can certainly ensure that they do. Does the committee agree that it does not wish to make any recommendations in relation to the instruments?
Thank you. Before we move into private session, I thank anyone who is still in the public gallery. Our next meeting will be on 18 January.