Subordinate Legislation Committee, 12 Sep 2006

Meeting date: Tuesday, September 12, 2006

Official Report 130KB pdf

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Instruments Subject to Annulment

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Instruments Subject <br />to Annulment

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Road Traffic (Permitted Parking Area and Special Parking Area) (City of Glasgow, Perth and Kinross Council, Aberdeen City Council, Dundee City Council and South Lanarkshire Council) Designation Amendment Order 2006 (SSI 2006/446)<br />Cereal Seed (Scotland) and Fodder Plant Seed (Scotland) Amendment Regulations 2006 (SSI 2006/448)

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Plant Protection Products (Scotland) Amendment (No 2) Regulations 2006 <br />(SSI 2006/449)

No points arise on the instruments.

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Animals and Animal Products (Import and Export) (Scotland) Amendment (No 2) Regulations 2006 (SSI 2006/450)

The regulations breached the 21-day rule, but that does not seem to be unreasonable. There are only informal, minor points to report.

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Pig Carcase (Grading) Amendment (Scotland) Regulations 2006 (SSI 2006/451)

No substantial points arise on the regulations, but there is a minor point for informal discussion.

That is a pity, in a way.

Yes, it is a shame really about that one.

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Regulation of Care (Social Service Workers) (Scotland) Amendment Order 2006 (SSI 2006/453)

No points arise on the order.

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Fire Safety (Scotland) Regulations 2006 (SSI 2006/456)

We should ask the Executive to explain the reference in regulation 15(2) to

"the information required by regulation 14(1)(a)",

given that the latter provision does not appear to require any such information. We should also ask about the meaning of regulation 24(2) and, in particular, the persons to whom the duty to maintain the safety measures referred to in that provision is intended to apply.

Those seem like serious questions that we should ask the Executive.

That is particularly the case on the second point. The Executive has had several goes at regulation 24(2) and I agree with the legal brief that it is almost impossible to understand the regulation. There could be a reference to owner and occupier, or owner or occupier, or some other persons. It is difficult to appreciate what is intended. Given the nature of the statutory duty that is placed on those people, I think that clarity would be helpful.

Yes. Among all the nonsense that we have been doing, the regulations are quite serious. I do not mean nonsense as such; I am referring to all the minor points. All the instruments are very serious, let me hasten to add, but the questions on the fire safety regulations are particularly serious.

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Fire (Scotland) Act 2005 (Consequential Modifications and Savings) (No 2) Order 2006 (SSI 2006/457)

We will ask the Executive to explain the background to the drafting of article 3. There is also a minor point that we can raise informally.