Official Report 117KB pdf
Instruments Subject<br />to Annulment
Preserved Rights (Transfer to Responsible Authorities) (Scotland) Regulations 2002 (SSI 2002/76)
There is a missing footnote. There should be a reference either in the preamble or in a footnote to how the enabling powers have been devolved to the Scottish ministers. That does not appear.
How should we proceed? Should we ask the Executive to explain that omission?
Yes. We should write to the Executive and ask for an explanation.
That is fine.
Public Finance and Accountability (Scotland) Act 2000 (Economy, efficiency and effectiveness examinations) (Specified bodies etc) Order 2002 (SSI 2002/77)
The order seems fine.
Yes. No points arise.
Public Finance and Accountability (Scotland) Act 2000 (Access to Documents and Information) (Relevant Persons) Order 2002 (SSI 2002/78)
Again, no points arise on the order.
Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Amendment Order 2002 (SSI 2002/81)
We have found a small typo in a footnote, but otherwise the order is in order.
Financial Assistance for Environmental Purposes (Scotland) Order 2002 <br />(SSI 2002/83)
No points are identified for action on the order.
National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2002 (SSI 2002/85)
The regulations are fine.
Thank you. When I read that title, I wonder what it is all about.
National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Scotland) Amendment Regulations 2002 (SSI 2002/86)
There are no points.
Mr Campbell tells us that there are no points.
Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Amendment (Scotland) Regulations 2002 (SSI 2002/87)<br />Civil Legal Aid (Scotland) Amendment Regulations 2002 (SSI 2002/88)
No points arise on the regulations.
Non-Domestic Rate (Scotland) Order 2002 (SSI 2002/89)
No points have been noted on the order, but we could suggest to the Executive, by informal letter, that future orders should indicate the previous rate in the explanatory note or a footnote.
The previous rate was 47p in the pound. The proposed rate is 47.8p in the pound.
That is nicely on the record. Thank you, Colin.
Provision of School Education for Children under School Age (Prescribed Children) (Scotland) Order 2002<br />(SSI 2002/90)
Points arise on the order, which we might want to put to the Executive.
The definition of "starting point" in article 1(2) is unclear. We need to ask the Executive for clarification.
The matter concerns when a youngster's pre-school education can start. There is a question of whether a point is a specific moment in time or whether it can be defined widely as a school term. The definition is not clear. We need to ask the Executive to clarify the order.
Article 2(2)(i) needs a wee bit of clarification. I presume that the date "31st December" in article 2(2)(i) is 31 December of the school year that is referred to in that sub-paragraph. The Executive could confirm whether that is that case.
The order needs a wee bit of tightening up in that regard. Members seem to have no further points, so that is all. It is fair to say that the Executive note is clear, but that the order requires a bit of looking at.
Non-Domestic Rates (Levying) (Scotland) Regulations 2002 (SSI 2002/91)
We wonder why there is a strange reference to "the 2000 regulations" in regulation 2, as that phrase does not appear to feature anywhere else in the regulations. Perhaps we can ask the Executive to explain the purpose of the reference. Is that okay?
Electricity from Non-Fossil Fuel Sources (Locational Flexibility) (Scotland) Order 2002 (SSI 2002/92)
Mr Campbell might have a point to raise on the order.
We might ask the Executive to explain the purpose of the definition of "Scotland" in article 1(2). That definition might be intended to apply to the proposed amendment, by article 2(2) of the order, of section 33 of the Electricity Act 1989, so that the amendments' definition of "Scotland" is the same as that of the Scotland Act 1998. If that is the case, a textual amendment should be made to section 33 of the 1989 act.
We understand the legal difficulty of defining "Scotland".
I do not have any difficulty in defining "Scotland"—or Scotland's waters—but lawyers might have.
You can come next week with a wee essay about the matter. However, on this occasion, we want to ask the Executive about the order's definition of "Scotland". Is that all?
Yes.
Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements (Modification) Order 2002 (SSI 2002/93)
The order refers to a supply successor company in the masculine gender, which seems a bit quaint.
Yes, as in "Scottish Power: he very good company."
Fossil Fuel Levy (Scotland) Amendment Regulations 2002 (SSI 2002/94)
No points arise, but full marks are given for an exceptionally clear explanatory note.
We all enjoyed it.
Adults with Incapacity (Supervision of Welfare Guardians etc by Local Authorities) (Scotland) Regulations 2002 (SSI 2002/95)
The instrument is one of a cluster that concerns adults with incapacity. We have a wee question about the vires of regulation 4. It is not obvious that section 86(2) of the parent act—the Adults with Incapacity (Scotland) Act 2000—is sufficient for the purpose. Regulation 4 revokes regulations that were made under other powers. We might ask the Executive to explain the vires of the provision, which should have referred to the parent act.
Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002 (SSI 2002/96)
A couple of minor points arise that could be dealt with by an informal letter to the Executive. Do members have comments?
The word "Scotland" is missing from the reference to the Adults with Incapacity (Scotland) Act 2000 in the explanatory note. We should draw that to the Executive's attention.
That is becoming a theme.
Yes, it could be today's theme.
Absolutely. The omission of the word "Scotland" from the regulations is one of the minor points.
There is also the problem of the huge number of forms. There is only a page and a half of regulations, but an inch-thick number of forms. An index that told one where to find which form would be useful. It is not as if there are only three forms; I have not counted them, but there is a serious lot of paperwork involved. Indexing that might be helpful.
Are you referring to an index for the Adults with Incapacity (Recall of Guardians' Powers) (Scotland) Regulations 2002 (SSI 2002/97)?
I am referring to both SSI 2002/96 and to SSI 2002/97.
Adults with Incapacity (Recall of Guardians' Powers) (Scotland) Regulations 2002 (SSI 2002/97)
Gordon Jackson's comment about the previous instrument also applies to this one. We can mention indexing in an informal letter to the Executive.
Adults with Incapacity (Non-compliance with Decisions of Welfare Guardians) (Scotland) Regulations 2002 (SSI 2002/98)
The regulations were presented to us with a schedule missing.
Perhaps we could write informally to the Executive to remind it that copies of instruments must be correct in every detail—coming from a committee that contains three members who were involved in education, that might be suitable.
To be fair to the Executive, it gave us a revised instrument with the schedule correctly attached.
Did it? That is all right.
However, I think that the Executive gave us the schedule only after being told that it was missing.
After it had had its knuckles rapped.
Yes. There might have been indications that that was necessary. The schedule duly arrived.