Official Report 253KB pdf
Control of Volatile Organic Compounds (Petrol Vapour Recovery) (Scotland) Regulations 2011 (SSI 2011/418)
The regulations are intended to ensure compliance with a European Union directive by inserting new regulation 9G into the Pollution Prevention and Control (Scotland) Regulations 2000 (SSI 2000/323). The Scottish Government accepts that cross-references to new regulation 9G have been omitted in error, in particular in the provisions that confer power on the Scottish Environment Protection Agency to grant and vary permits for certain purposes. It is doubtful therefore whether SEPA will have power to grant permits subject to the conditions in regulation 9G or to vary permits to make them subject to those conditions. Accordingly, the 2011 regulations appear to be defectively drafted. On that basis, does the committee agree to draw the regulations to the attention of the Parliament on reporting ground (i)?
Furthermore, does the committee agree to call on the Scottish Government to correct the errors at the earliest possible date instead of waiting for the next available opportunity?
Police (Retention and Disposal of Motor Vehicles) (Scotland) Amendment Revocation Regulations 2011 (SSI 2011/429)
The regulations have not been laid at least 28 days before coming into force as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Does the committee agree to draw the regulations to the attention of the Parliament on reporting ground (j)?