Official Report 99KB pdf
Instruments Subject<br />to Annulment
Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2003 (SSI 2003/118)
No points arise on the regulations.
Ethical Standards in Public Life etc (Scotland) Act 2000 (Devolved Public Bodies) Order 2003 (SSI 2003/119)
No points of substance arise. There are a couple of typos, which might be dealt with in an informal letter.
Ethical Standards in Public Life etc (Scotland) Act 2000 (Stipulated Time Limit) Order 2003 (SSI 2003/122)<br />Non-Domestic Rate (Scotland) Order 2003 (SSI 2003/123)
No points arise on the orders. We are content.
Strathclyde Passenger Transport Authority (Constitution, Membership and Transitional and Consequential Provisions) Amendment Order 2003<br />(SSI 2003/128)
Wait for it—no points arise.
Less Favoured Area Support Scheme (Scotland) Regulations 2003 (SSI 2003/129)
We have raised points on previous occasions about the competency of the Executive to make such regulations under section 2(2) of the European Communities Act 1972. Given that we always receive the same response from the Executive, it is probably rather gratuitous for us to do so again.
You would not bother to mention it.
We could mention it informally. There is little point in asking for a response, because we will get the same response as we always get.
Absolutely. We could write an informal letter pointing out one or two other wee typos and things. That could do the trick.
National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2003 (SSI 2003/130)
These are the regulations about mobile dentists.
Would members like to talk about the instrument, or are we content?
The regulations are about charges for tights, fabric supports, wigs and elastic hosiery.
I suppose that, if they are about wigs, I might need to declare an interest, unless we are talking about a different kind of wig.
Are we talking about a partial human-hair wig or a full, bespoke human-hair wig?
The regulations are about various appliances. I do not know about the elastic stockings or tights. Gee whiz.
I agree whole-heartedly. I hate the word "said". It should be excised from legalese—
He said.
Gordon Jackson knows exactly what I am talking about. "Aforesaid" is worse, and "hereinbeforesaid" is particularly appalling.
National Health Service (General Dental Services) (Scotland) Amendment Regulations 2003 (SSI 2003/131)
These are the regulations that were referred to. Somebody skipped ahead.
Sorry, these are the regulations about the mobile dentists. I was getting ahead of myself.
I know. We are talking about the aforesaid regulations to which you referred.
The aforesaid mobile dentists.
Yes. No points arise.
Miscellaneous Food Additives (Amendment) (Scotland) Regulations 2003 (SSI 2003/132)
The regulations seem fine.
Thank you and welcome, Mr Butler.
Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Regulations 2003 (SSI 2003/135)
There are questions on the regulations. I wonder whether anyone would like to elaborate on them. Section 7(2) of the Ethical Standards in Public Life etc (Scotland) Act 2000 states:
There is a reference in regulation 2 to "the 2000 Act", when in fact there are two 2000 acts, so we do not know which one it is.
That is right. There is an interesting question about the elections and what happens if there are breaks between periods of office of a responsible person. For example, if a councillor loses his seat at one election but is subsequently returned at a later election, until what date do the records in respect of the earlier period of office have to be kept?
It is worth asking those questions. Some are obviously more important than others, because some might be about simple errors, but we should ask the questions that the legal advisers have raised.
Absolutely.
Council Tax (Liability of Owners) (Scotland) Amendment Regulations 2003 (SSI 2003/137)
No points arise on the instrument.
Local Government Pension Scheme (Management and Investment of Funds) (Scotland) Amendment Regulations 2003 (SSI 2003/138)
Would anybody like to take us through the details?
Regulation 2 states that the principal regulations
We can ask about that drafting error. We can also ask why the new regulation 9A(3A) states that certain information must be included in statements published after 30 June 2003, when regulation 5 seems to require the information to be incorporated in statements and published by that date. There is some confusion.
Could we ask about the difference between a revised statement and a new statement for the purposes of regulation 5? There is a lack of clarity.
Yes. We can also ask the Executive to explain the purpose of the words from "which has published" to "into force" in regulation 5. Regulation 5 appears to suggest that some administering authorities might not have published a statement under regulation 9A, yet under that regulation the first such statement had to be published on or before 3 July 2000. Regulation 9A does not appear to make provision for the establishment of new administering authorities. There is confusion about the dates and what takes place when. Things are generally not clear. We can also ask whether an administering authority would have to consult before publishing a revised statement. Regulation 9A(1) is not clear on that point.
Those are good questions to ask.
Scotland Act 1998 (Agency Arrangements) (Specification) Order 2003 (SI 2003/407)
No points have been identified by the legal advisers.
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