Delegated Powers and Law Reform Committee

Meeting date: Tuesday, June 11, 2013

Official Report 329KB pdf

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Instruments subject to Negative Procedure

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Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2013 (SSI 2013/176)

Rule 13(h)(iv) should have been listed as rule 13(1), so that the removal of accumulations of sediment from rivers and so on that that rule permits is authorised only if every aspect of the activity that is listed does not result in pollution of the water environment. As drafted, the prohibition on pollution of the water environment applies only as a condition of the return of the removed sediment to the river, burn or ditch from which it was removed.

The committee may wish to note that the Scottish Government has undertaken to correct the error when the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (SSI 2011/209) are next amended.

When you said that rule 13(h)(iv) should have been listed as rule 13(1), did you mean rule 13(i)?

I did—well spotted, sir.

I do not wish to be nit-picking; I just wanted to avoid any doubt.

I am grateful that you picked that up. It demonstrates just how careful folk on the committee are. Nonetheless, I am sure that the official report would have got it right.

Does the committee agree to draw the instrument to the attention of the Parliament under the general reporting ground, as it contains a minor drafting error?

Members indicated agreement.

It was good enough to trip even me up.

I will make an observation in passing. The confusion between “i” and “1” is understandable, because sometimes an “i” in legislation means “1”. If it is used in a sub-subclause, it is numeric, not alphabetic. That is a genuine issue that relates to the rules and structures for drafting, which can lead to misapprehension and error of the kind that we are discussing. I see that our lawyers are nodding, so I am not missing the point.

The point is very well made.

I totally agree that that is a legal point that causes confusion. I accept what is being said.

We have made the point very eloquently.

We are grateful for that.

Indeed.

Does the committee also agree to note that the Scottish Government has undertaken to correct the error when the 2011 regulations are next amended—although Roman numerals will probably be retained?

Members indicated agreement.

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Glasgow Commonwealth Games (Compensation for Enforcement Action) (Scotland) Regulations 2013 (SSI 2013/160)

The committee agreed that no points arose on the instrument.

Although our legal advisers have raised no formal points, the committee may wish to highlight a couple of issues to the lead committee. The regulations are to cease to have effect on the repeal day, and ministers are empowered to specify any day after the games have ended as the repeal day.

The regulations contain no provision for how an on-going compensation claim, or one that could still be made in the period that is set out in regulation 4, is to be dealt with. The Scottish Government has indicated that any on-going claims would be taken into account in determining the repeal day and that consideration would be given to whether further legislative provision was required to deal with unresolved claims, but the committee may wish to highlight that issue to the lead committee.

Regulations 4(2)(a) and 4(2)(b) specify the deadlines for sending a notice of claim. It appears from regulations 4(2) and 4(4)(b) that identification and provision of the date on which the damage occurred are, in all cases, an essential requirement. Provision is not made for what is to happen when the date on which the damage occurred is not identifiable and cannot be provided. That is, of course, a policy issue that the committee may wish to highlight to the lead committee.

There are a number of issues with the regulations, one of which is that giving an exact date is not always possible. For example, if someone reported a lost item to the police, they would say that it was lost or stolen between this date and that date. In such a situation, people cannot give an exact date.

Another issue is that claims might be made when a claim has already been made. I am not sure how clear the relevant provision is, so perhaps the lead committee could look at that.

Indeed.

Does the committee agree to draw the matters that have been raised in relation to the regulations to the attention of the lead committee, while not reporting the instrument formally?

Members indicated agreement.

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Town and Country Planning (Appeals) (Scotland) Regulations 2013 (SSI 2013/156)

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Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 (SSI 2013/157)

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National Health Service (Superannuation Scheme and Pension Scheme) (Scotland) Amendment (No 2) Regulations 2013 (SSI 2013/168)

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Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2013 (SSI 2013/170)

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Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (SSI 2013/173)

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National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 (SSI 2013/174)

The committee agreed that no points arose on the instruments.

Although our legal advisers have raised no points on SSI 2013/174, the committee may wish to note that the regulations consolidate the provisions of the National Health Service Pension Scheme (Scotland) Regulations 2008 (SSI 2008/224). It might be appropriate to be grateful that we have had a bit of consolidation.

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Requirements for Community Learning and Development (Scotland) Regulations 2013 (SSI 2013/175)

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Dangerous Dogs (Fees) (Scotland) Order 2013 (SSI 2013/178)

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Anniesland College and Langside College (Transfer and Closure) (Scotland) Order 2013 (SSI 2013/180)

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Kilmarnock College (Transfer and Closure) (Scotland) Order 2013 (SSI 2013/182)

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Reid Kerr College (Transfer and Closure) (Scotland) Order 2013 (SSI 2013/183)

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Police Reform (Pensions Amendments) (Scotland) Regulations 2013 (SSI 2013/184)

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Firemen’s Pension Scheme (Amendment) (Scotland) (No 2) Order 2013 (SSI 2013/185)

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Fire Reform (Pensions Amendments) (Scotland) Order 2013 (SSI 2013/186)

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Plant Health (Scotland) Amendment (No 2) Order 2013 (SSI 2013/187)

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Mobile Homes (Written Statement) (Scotland) Regulations 2013 (SSI 2013/188)

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National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2013 (SSI 2013/191)

The committee agreed that no points arose on the instruments.