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Instruments Subject <br />to Annulment
Police (Scotland) Regulations 2004<br />(SSI 2004/257)
Under agenda item 3, the first instrument that we must consider is the Police (Scotland) Regulations 2004 (SSI 2004/257). The instrument consolidates 42 sets of regulations and I gather that the Executive has done a very good job on it. However, one or two points—the note from our legal advisers lists points (a) to (k)—should be brought to the Executive's attention. Is that agreed?
Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004 (SSI 2004/258)
Apart from the absence of a transposition note, the regulations appear to be in order. Is that agreed?
Shrimp Fishing Nets (Scotland) Order 2004 (SSI 2004/261)
There is an issue about the delay in laying the order. Also, there was a slight error in the covering letter and the order will come into force before the full 40 days. Do members have any proposals on what we should do?
It would be sensible to have the procedure done properly. Notwithstanding the fact that 10 days have been lost when the order should have been available for inspection and consultation, we should ask the Executive to resubmit the order properly for the avoidance of legal challenge.
If there are no other views, are we agreed on that?
Advice and Assistance (Scotland) Amendment (No 2) Regulations 2004<br />(SSI 2004/262)
I gather that the regulations have changed many times, and there do not appear to be any points of substance to raise, but our legal advice is that we should have regard to the failure to revoke spent provisions. Reference has also been made to irrelevant footnotes. It is suggested that we pass those points to the Executive for comment.
The briefing suggests that we may wish to consider whether to do that formally or informally. Given that there are many points and given that we have raised the question of revocation before, are we proposing to write to the Executive formally?
It is suggested that we write formally.
I think that we should.
Is that agreed?
Criminal Legal Aid (Fixed Payments) (Scotland) Amendment (No 3) Regulations 2004 (SSI 2004/263)
Two points have been raised in the legal brief about the regulations: clearing the statute book of dead legislation and incorrect references to the schedule. Should we write formally or informally to the Executive?
If we are writing formally on the advice and assistance regulations, we should write formally on these regulations too.
Is that agreed?
Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2004<br />(SSI 2004/264)
We may wish to consider asking the Executive whether the reference to paragraph (3) in new regulation 6(4), as inserted by regulation 4, is correct. In the original version of paragraph (4), as inserted by the Criminal Legal Aid (Youth Courts) (Scotland) Regulations 2003 (SSI 2003/249), the reference is to paragraph (2), so we think that there is a slight error there.
Again, there is the issue of spent provisions.
Is it agreed that we should write to the Executive to confirm those points?
Agricultural Business Development Scheme (Scotland) Amendment Regulations 2004 (SSI 2004/267)<br />Regulation of Care (Social Service Workers) (Scotland) Order 2004<br />(SSI 2004/268)
No points have been identified in relation to the instruments.
Food Labelling Amendment (Scotland) Regulations 2004 (SSI 2004/269)
The only point that has been raised relates to consolidation. Our legal advisers believe that consolidation may already have started, so we want to ask about progress on that. Is it agreed that we write to the Executive to ask about that?
Individual Learning Account (Scotland) Amendment Regulations 2004<br />(SSI 2004/270)<br />National Health Service (Tribunal) (Scotland) Amendment (No 2) Regulations 2004 (SSI 2004/271)
No points have been identified in relation to the regulations.
Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2004 (SSI 2004/272)
No points have been identified in relation to the regulations.
I wondered exactly which wines we had in mind in Scotland, but perhaps we should not pursue that issue.
Do we actually make any wine?
We do indeed. It is a successful industry.
From grapes?
No. They are fruit wines, from which an extremely good profit is made.
Given global warming, the instrument might be relevant in the future, of course.
You are correct.
We shall follow you in to trample the grapes.
Education Maintenance Allowances (Scotland) Regulations 2004 (SSI 2004/273)
It is recommended that we ask the Executive whether the reference to the Scottish ministers in paragraph 6(a)(i) of schedule 1 is correct, given that the function to which reference is made appears to be one that is reserved to the United Kingdom Government. Is that agreed?
Glasgow Metropolitan College (Establishment) Order 2004 (SSI 2004/274)
No points arise in relation to the order.
Waste Management Licensing Amendment (Scotland) Regulations 2004 (SSI 2004/275)
We may wish to consider asking the Executive what plans it has for consolidating waste management licensing regulations, as this appears to be the 17th amendment to the principal regulations.
There is no transposition note. As the regulations have been amended so many times as to render them extremely complex, a transposition note would have been helpful.
That is right. Do members agree that we should write to the Executive in those terms?
Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004 (SS1 2004/276)
Two points arise in relation to the order. First, we are advised to ask the Executive why article 12(2) is thought necessary, given sections 16(1) and 17(2)(b) of the Interpretation Act 1978. Secondly, it is suggested that we query the wording of the exclusion in article 10(3), given the amendments that were made to the parent act by the Scotland Act 1998 (Consequential Modifications) (No 2) Order 1999 (SI 1999/1820) and the effect of the Scottish Adjacent Waters Boundaries Order 1999 (SI 1999/1126). Is that agreed?
Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Scotland) Regulations 2004 (SSI 2004/278)
Three points have been raised by our legal adviser. The first point concerns the citation of powers and, in particular, whether section 56(1) of the Finance Act 1973 should also have been cited as an enabling power. The second is that we ought to seek an explanation of what is meant by "specified" in regulation 4(4). The third is that the committee should consider whether it is appropriate to seek an explanation for the specific reference in regulation 8(1) to a member of staff of the Scottish ministers and what effect that will have on regulation 5.
Beef Carcase (Classification) (Scotland) Regulations 2004 (SSI 2004/280)
It is suggested that we ask the Scottish Executive for an explanation of the term "specified premises", as it is not clear what that means in regulation 7(2). Is that agreed?
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