Subordinate Legislation Committee, 15 Nov 2005

Meeting date: Tuesday, November 15, 2005

Official Report 139KB pdf

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Instruments Subject to Annulment

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Instruments Subject <br />to Annulment

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Glasgow School of Art (Scotland) Amendment Order of Council 2005 <br />(SSI 2005/525)

The transitional provision in article 1 provides that paragraphs (4), (5) and (7) of article 2 do not apply to

"Governors elected prior to 6th May 2003".

Two points arise as a result, the first of which is that, although the order refers to elected governors, the principal order provides for the appointment of governors, only some of whom are elected. There is a lack of clarity in the provision. The second point is that it is not clear from the wording whether the exception is a personal exception or an exception that applies only for the duration of the present period of office of a governor.

Are members happy to write formally to the Executive on those two points?

Members indicated agreement.

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Teachers' Superannuation (Scotland) Amendment Regulations 2005 <br />(SSI 2005/543)<br />National Health Service (Superannuation Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Civil Partnership) (Scotland) Amendment Regulations 2005 (SSI 2005/544)

No points arise on the regulations. Is that agreed?

Members indicated agreement.

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Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment (No 2) Regulations 2005 (SSI 2005/545)

A number of amendments have been made to the series of regulations that provide for student fees and support and the graduate endowment. Our normal letter would say, "Consolidation, consolidation, consolidation." Following on from the suggestion that Murray Tosh made that we should use all such opportunities, are members happy that we should write to the Executive on the issue?

Members indicated agreement.

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Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (SSI 2005/549)

One substantive point arises on the order. It relates to regulation 10(m), which amends the Electricity Act 1989. The point is whether the amendment applies to payments that were accrued prior to 1 October 2001 or prior to the date of the coming into force of the new amendment.

Will we also raise the point on the use of the wording "came into effect", convener? I think that the wording should be "came into force".

Yes. Thank you for reminding me of that point, Stewart. Do members agree that we should write to the Executive on those two points?

Members indicated agreement.

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Common Services Agency (Membership and Procedure) Amendment (Scotland) Regulations 2005 (SSI 2005/550)<br />Sea Fishing (Enforcement of Community Control Measures) (Scotland) Amendment Order 2005 (SSI 2005/552)

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Local Government Pensions Etc <br />(Civil Partnership) (Scotland) Amendment Regulations 2005 (SSI 2005/554)<br />Plant Health (Fees) (Scotland) Amendment Regulations 2005 (SSI 2005/555)

No substantive points arise on the instruments. Some minor points arise, but we can put them in our letter. Is that agreed?

Members indicated agreement.