Adoption Support Services and Allowances (Scotland) Regulations 2009 (SSI 2009/152)
Are we content to report that, although on initial consideration regulation 11 might appear to be an unusual or unexpected use of the powers conferred by section 71 of the Adoption and Children (Scotland) Act 2007, the position is satisfactorily explained and justified in the Government's response, such that, on this occasion, we are content to note the response as satisfactory and to report accordingly to the lead committee and Parliament?
Members indicated agreement.
Plant Health (Scotland) Amendment <br />Order 2009 (SSI 2009/153)
Are we content to report to the Parliament that the committee notes the explanation given by the Scottish Government for the failure to refer to wood and bark of the plants mentioned in item 1a, added by article 6(1)(a) of the order? Are we also content to note that the transposition of the European Union requirements appears to have been effected by a United Kingdom statutory instrument—the Plant Health (Forestry) (Amendment) Order 2009 (SI 2009/594)?
Members indicated agreement.
In relation to item 7a, inserted by article 6(2)(a) of the order, are we content to report that the Government has admitted that the order is defectively drafted and has undertaken to correct it at the first appropriate opportunity?
Members indicated agreement.
Adoption Agencies (Scotland) <br />Regulations 2009 (SSI 2009/154)
Are we content to report the regulations to the lead committee and to the Parliament on the ground that we consider that due account should be had to the scheduling of related instruments to which reference is made, so as to avoid reference to provisions contained in a still-to-be-made instrument, when it is possible to do so, as a matter of good drafting practice?
Members indicated agreement.
In view of what seems to be quite an important potential problem, whereby two bits of legislation could be so far removed from each other that we could consider an instrument under the negative procedure without our knowing quite what its effect will be, should we draw this matter to the attention of the Minister for Parliamentary Business for further consideration? It seems a bit strange that we have responsibility for considering the procedures that are being adopted without knowing exactly how they will be carried out before the end of the 40-day period that applies under the negative procedure. Does my suggestion sound reasonable?
Members indicated agreement.
Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2009 (SSI 2009/155)
Are we content to report the regulations to the lead committee and to the Parliament on the grounds set out in the summary of recommendations?
Members indicated agreement.
Act of Sederunt (Fees of Members of the Association of Commercial Attorneys in the Sheriff Court) 2009 (SSI 2009/162)<br />National Health Service (Appointment of Consultants) (Scotland) Regulations 2009 (SSI 2009/166)
Adoption and Children (Scotland) Act 2007 (Supervision Requirement Reports in Applications for Permanence Orders) Regulations 2009 (SSI 2009/169)<br />Applications to the Court of Session to Annul Convention Adoptions or Overseas Adoptions (Scotland) Regulations 2009 (SSI 2009/170)
The committee agreed that no points arose on the instruments.