Official Report 131KB pdf
Draft Instruments Subject <br />to Approval
Business Improvement Districts <br />(Ballot Arrangements) (Scotland) Regulations 2007 (draft)
No substantive points arise on the regulations, but there are a few minor points that we can raise informally.
Fundable Bodies (Scotland) Order 2007 (draft)
The draft order fails to specify a commencement date. Also, we commented on the lack of information in an explanatory note relating to an earlier order—the Fundable Bodies (Scotland) Order 2005 (SSI 2005/660)—which amended the same schedule to the Further and Higher Education (Scotland) Act 2005. It would appear that the Executive has made no move to remedy the old defect in the new note, which also fails to give any indication of the content of schedule 2 and the definition of "fundable body".
This sort of thing concerns me. In our inquiry report, one of our recommendations for the new Scottish statutory instrument procedure is that there be some form of tracking mechanism, so that when we make recommendations to the Executive we are able to find out, at the end of the year, whether our recommendations have been followed up or not.
Absolutely.
I presume that this is one of those cases in which the Executive said that it would sort things out at the "next available opportunity".
We can check that—it probably is.
That is the phrase that it usually uses. If it did use that phrase, and if this is now the "next available opportunity", it is, as Ken suggests, disappointing that the Executive has ignored what was a commitment on its part. However, we will wait and see the result of your check, convener.
Ruth, can we put all those points together in a letter to the Executive?
Yes.
There is another minor point that we can raise in the same letter, but let us move on.
Gambling Act 2005 (Mandatory and Default Conditions) (Scotland) Regulations 2007 (draft)<br />Housing Support Grant (Scotland) Order 2007 (draft)
Police, Public Order and Criminal Justice (Scotland) Act 2006 (Modification of Agency's Powers and Incidental Provision) Order 2007 (draft)
No points have been identified on the instruments.
Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2007 (draft)
Two points arise on the regulations, one of which is quite important. If members have the regulations before them, this will be easier to explain. The concern relates to the vires for regulation 4(1). If members look at the schedules to the regulations, they will see that a procedure, a purpose and a condition is specified for everything apart from "equine animals". In schedule 4 on page 10, members will see that, for sheep, a procedure, purpose and condition are all specified. However, in schedule 6 on page 12, members will see that a condition is not specified for equine animals in the same way.
The hot branding of horses calls to mind John Wayne films.
Yes—cowboys and Indians.
Which minister would it be? Would it be Nicol Stephen lassoing the animals?
I was thinking of "The Magnificent Seven".
No, there was no branding in that film.
A minor point also arises; we can raise it informally in the same letter to the Executive. Is that agreed?
Representation of the People (Post-Local Government Elections Supply and Inspection of Documents) (Scotland) Regulations 2007 (draft)
These regulations will be withdrawn and relaid.
Do we know why?
Was it because of our advice?
Yes. Errors were spotted. Vires problems were spotted before the regulations came to the committee.
It is worth mentioning that.
Yes. We should congratulate our legal advisers on picking up on the errors, but we should also congratulate the Executive on responding to our points, rather than simply putting the unchanged regulations through the parliamentary process.
Yes, we could do that, although I will not go further.
Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007 (draft)
Members will find information on the regulations in the supplementary legal brief. No substantive points arise. A minor point does arise, but we can deal with it informally. Is that agreed?
Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 2007 (draft)
Again, information on the regulations is in the supplementary legal brief. The regulations were withdrawn by the Executive on Friday to allow for the correction of serious drafting deficiencies. The regulations have been relaid, and no points now arise. The deficiencies have been addressed.
Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2007 (draft)
No substantive points arise on the regulations, but there are a number of minor points that we will raise informally.
I think that we have jumped an instrument, convener.
Have we? No, there are two town and country planning instruments.
I am sorry, I was still looking at the supplementary legal brief.
Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 (draft)
The order has been withdrawn and relaid. We will consider the relaid order next week.
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