Official Report 127KB pdf
Instruments Subject <br />to Annulment
Scotland Act 1998 (Agency Arrangements) (Specification) (No 2) Order 2006<br />(SI 2006/3248)<br />Scotland Act 1998 (Agency Arrangements) (Specification) (No 3) Order 2006<br />(SI 2006/3338)
No points arise on the orders.
Police (Injury Benefit) (Scotland) Regulations 2006 (SSI 2006/610)
A number of points arise on the regulations. Do members wish to raise any of those points, or do you want me to outline the most important of them?
You could outline them. Although there are substantive points, they are more about loose drafting than anything else.
Yes, they are. For instance, we can ask the Executive what purpose is served by the inclusion of the words "or wife" after "husband" in regulation 16(1) given that, in paragraph 1 of the glossary of expressions in schedule 1 on page 29, "‘husband' includes wife".
There are also some minor styling points.
Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Amendment (Scotland) Regulations 2006 (SSI 2006/613)
No points arise on the regulations. Do members have any comments?
No.
Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (SSI 2006/614)
A number of points arise on the regulations. I have four points, but somebody else may want to lead on them. The regulations refer to the implementation of the public participation directive—the PPD—of the European Parliament and the European Council.
The regulations deal with when environmental impact assessments on domestic legislation affect other countries and when environmental impact assessments in other countries affect us. It would appear that we are not being consistent. Previously, we have made it clear how the public, both in this and other countries, can be involved in any consultation. In this case, we do not seem to be doing that, so there are a number of questions to ask.
There is no extent provision.
That is a slightly separate point.
Yes, that point is separate from your consultation one. Also, the transposition note does not cover the implementation of articles 3.8 and 3.9 of the PPD. The other points basically relate to how article 3.5(b) is implemented in relation to roads and forestry, how article 3.8 of the PPD is implemented in relation to roads, and whether thresholds might apply to any other subject areas covered. I think that that is what Ken Macintosh was implying when he mentioned how the directive applied.
Yes, it was.
Yes, sorry about that. That covers most of the points, although there are also minor points. Will we ask the Executive those questions?
Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007 <br />(SSI 2007/1)
Are members happy for us to ask the Executive, with reference to regulation 2(5), why it has omitted to cite paragraph 1A of schedule 2 to the European Communities Act 1972 as an enabling power? That paragraph was cited in the draft Conservation (Natural Habitats, &c) Amendment (Scotland) Regulations 2007, which we dealt with at our last meeting. We can also ask why the amendments to the ECA made by the Legislative and Regulatory Reform Act 2006 have not been included in footnote (a) on page 3. We can also question the Executive about the vires for regulations 5(2)(7), 5(2)(9) and 16(3), which, particularly in the case of regulation 5(2), appear to deal with matters reserved under the Scotland Act 1998.
I now move the meeting into private session.
Meeting continued in private until 11:29.
Previous
Draft Instrument Subject to Approval