Subordinate Legislation Committee
Meeting date: Tuesday, May 15, 2012
Official Report
397KB pdf
Instrument subject to Approval
The Food Protection (Emergency Prohibitions) (Dalgety Bay) (Scotland) Order 2012 (SSI 2012/135)
Although our legal advisers have raised no points on the Food Protection (Emergency Prohibitions) (Dalgety Bay) (Scotland) Order 2012, it is worth setting out the background to it. It is an emergency order that is subject to emergency made affirmative procedure. In such circumstances, the laying requirements in section 30(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 apply. That subsection requires that such an instrument be laid as soon as is practicable after it is made and, in any event, before it is due to come into force.
The Food Standards Agency has provided a letter of explanation for the course of action that has been taken. The order was laid on 9 May 2012 and was brought into force at 15:00 on the same day. It is not clear that there has been a breach of the laying requirement that the instrument be laid before it comes into force.
However, the order raises the more general issue of how such emergency affirmative instruments are dealt with and, in particular, how emergency laying and coming into force are catered for in the laying requirements of the 2010 act and under standing orders.
Do members agree to note that the committee’s clerking team and Scottish Government officials will review the matter?
Members indicated agreement.
With that, is the committee content with the instrument?
Members indicated agreement.