Subordinate Legislation Committee, 11 Dec 2007

Meeting date: Tuesday, December 11, 2007

Official Report 224KB pdf

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Instruments Subject to Annulment

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Instruments Subject <br />to Annulment

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Water Environment (Drinking Water Protected Areas) (Scotland) Order 2007 (SSI 2007/529)

We move to agenda item 5. On the first instrument, are members content to ask the Scottish Government the two questions contained in the summary of recommendations?

Members indicated agreement.

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Seeds (Fees) (Scotland) Regulations 2007 (SSI 2007/536)

I was about to move on to the instrument on fishery products, and almost missed the one on seeds. The Greens will take issue with me. I am so sorry. Seeds are very important to us all.

Are members content that we should ask the Scottish Government whether the reference to "regulation 4(1)" in the provision relating to interpretation—paragraph 1 of schedule 1 to the regulations—should be to regulation 3(1), as there is no list in regulation 4(1) and, if so, to explain what it considers to be the effect of the incorrect reference?

Members indicated agreement.

We shall also raise minor points informally with the Scottish Government.

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Fishery Products <br />(Official Controls Charges) (Scotland) Regulations 2007 (SSI 2007/537)

Let us now consider—I have got it right this time—the Fishery Products (Official Controls Charges) (Scotland) Regulations 2007.

The committee agreed to raise minor points on the instrument.

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Meat (Official Controls Charges) (Scotland) (No 2) Regulations 2007 (SSI 2007/538)

Are members content to ask for the clarification as per our summary of recommendations and—we have missed this out but we should have included it—to raise minor points with the Scottish Government?

Members indicated agreement.

I hope that everyone read the provision on land mammals in those regulations.

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Licensing (Vessels etc) (Scotland) Regulations 2007 (SSI 2007/545)

This is a short but interesting set of regulations. The summary of recommendations suggests that we should

"ask the Scottish Government for an explanation (in relation to the meaning and effect of the drafting of the regulation) why regulation 3 is drafted such that it refers to a vessel on which alcohol is being sold ‘but which, by virtue of regulation 2, does not require to have a premises licence' still constituting ‘relevant premises' for the purposes of Part 8 of the 2005 Act, given that––

(a) regulation 2 does not provide for vessels not requiring a premises licence, but provides that it is not an offence to sell alcohol on vessels in certain circumstances, and

(b) section 1(1) of the 2005 Act provides that alcohol is not be to sold on any premises except under and in accordance with either a premises licence, or an occasional licence granted under the Act."

Is that agreed?

Members indicated agreement.

You look stunned.

The triple negative stunned me.

Perhaps the committee ought to visit one of these vessels to see for ourselves how such things work.

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Registration Services (Fees, etc) (Scotland) Amendment Regulations 2007 (SSI 2007/531)<br />Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment (No 2) Order 2007 (SSI 2007/535)

The committee agreed to raise minor points on the instruments.

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Police (Promotion) (Scotland) Amendment Regulations 2007 (SSI 2007/528)

The committee agreed that no points arose on the instrument.

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Title Conditions (Scotland) Act 2003 (Conservation Bodies) Amendment Order 2007 (SSI 2007/533)

The committee agreed that no points arose on the instrument.

Members may wish to note that this is the fifth time that the principal order—the Title Conditions (Scotland) Act 2003 (Conservation Bodies) Order 2003 (SSI 2003/453)—has been amended. Therefore, we can chuck this instrument towards the consolidation working group.

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Food Labelling (Declaration of Allergens) (Scotland) Regulations 2007 (SSI 2007/534)

The committee agreed that no points arose on the instrument.

As this is the 12th time that the principal regulations—the Food Labelling Regulations 1996 (SI 1996/1499)—have been amended, we will also send this instrument to our friends in the consolidation working group. They must really love us.