Delegated Powers and Law Reform Committee

Meeting date: Tuesday, November 12, 2013

Official Report 258KB pdf

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Instruments subject to Negative Procedure

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Fruit Juices and Fruit Nectars (Scotland) Regulations 2013 (SSI 2013/305)

There has been a failure to lay the instrument at least 28 days before it comes into force, as is required under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.

In addition, the committee may find the explanation that the Food Standards Agency has provided for the failure to lay the instrument in line with the requirements of the 2010 act to be unsatisfactory. The committee may consider that better advance planning of the regulations could have avoided a breach of the 28-day rule, given that directive 2012/12/EU, which the regulations implement in domestic law, was made in April 2012, and that it provided until 28 October 2013 for implementation.

I agree with the recommendation, but it is probably proper to put on record the fact that I am concerned that the legislative date that is required under European law is not being met. I am not sure that that is directly within the purview of the committee to report to the Parliament, but I think that it is appropriate for me to put that on record.

Indeed.

Does the committee agree to draw the instrument to the attention of the Parliament under reporting ground (j), as there has been a failure to comply with the 28-day rule?

Members indicated agreement.

Does the committee also agree to draw the Food Standards Agency’s explanation for the breach of the 28-day rule to the attention of the lead committee?

Members indicated agreement.

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Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013 (SSI 2013/286)

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Drugs Courts (Scotland) Amendment Order 2013 (SSI 2013/302)

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Electricity Generating Stations (Applications for Variation of Consent) (Scotland) Regulations 2013 (SSI 2013/304)

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Animal By-Products (Enforcement) (Scotland) Regulations 2013 (SSI 2013/307)

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Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2013 (SSI 2013/309)

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Road Traffic (Permitted Parking Area and Special Parking Area) (East Dunbartonshire Council) Designation Order 2013 (SSI 2013/311)

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Road Traffic (Parking Adjudicators) (East Dunbartonshire Council) Regulations 2013 (SSI 2013/312)

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Parking Attendants (Wearing of Uniforms) (East Dunbartonshire Council Parking Area) Regulations 2013 (SSI 2013/313)

The committee agreed that no points arose on the instruments.