Official Report 119KB pdf
Instruments Subject <br />to Annulment
Individual Learning Account (Scotland) Regulations 2004 (SSI 2004/83)
There are a large number of instruments subject to annulment, the first of which is the Individual Learning Account (Scotland) Regulations 2004 (SSI 2004/83). A number of points have been identified for raising with the Executive.
In addition to the three other matters that are noted in our legal advice—which I am happy to go through for the record if you wish, convener—there is a question about the qualifications for entitlement to a learning account, which might raise a point of European Community law. We ought to ask for clarification on that. There has not been time to produce a briefing on the matter, but there is a question whether, if someone who is a resident of this country and who is in receipt of social security benefits is entitled to that account, that also applies to someone who comes here from another European Union state. If not, is that discriminatory? I would like the committee to ask the Executive that question.
I do not know the answer to that. It is worth finding out.
One of the reasons for the cancellation or suspension of registration is that a learning provider payment agreement has not been delivered. However, the regulations do not mention that that is a requirement. That should be stated elsewhere.
There is also a provision that states:
We should also pursue the typographical errors and so on by informal letter.
Indeed.
Road Works (Inspection Fees) (Scotland) Amendment Regulations 2004 <br />(SSI 2004/84)
No points have been identified on the regulations.
Parking Attendants (Wearing of Uniforms) (Dundee City Council Parking Area) Regulations 2004 (SSI 2004/85)
There are no points of substance on the wearing of uniforms in Dundee.
It is a pity that the council is not required to provide something appropriate, such as Desperate Dan outfits or something.
It would be a bit more Dennis the Menace.
Well, there is an enormous D C Thomson stable to choose from. It would be possible to vary the garb according to the season.
Road Traffic (Parking Adjudicators) (Dundee City Council) Regulations 2004 (SSI 2004/86)
Sticking with Dundee, two points have been mentioned on the regulations. One is that they are not drafted in gender-neutral terms; the other is that there is no provision for the communication to the appellant of any decision to extend the time limits. We have raised both those matters quite often in the past, in connection with other regulations; it might be appropriate to raise them again.
We should raise the point about gender-neutral language formally. You are quite right, convener, to point out that we have raised it a number of times. It seems strange that the same mistake about drafting things, or rather failing to draft them, in gender-neutral terms is still coming up. It seems an obvious mistake.
Road Traffic (Permitted Parking Area and Special Parking Area) <br />(Dundee City Council) Designation Order 2004 (SSI 2004/87)
There are a number of points on the order.
The first is whether in schedule 2 to the order, paragraph 7, the omission of an amendment to the reference to the secretary of state is deliberate.
The title of the designation order is also cited at one point as being a 2003 order, as opposed to a 2004 order. I suggest that a few little errors have crept into the instrument.
Private Hire Car Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2004 <br />(SSI 2004/88)
No points of substance arise on the regulations.
Teachers' Superannuation (Scotland) Amendment Regulations 2004 <br />(SSI 2004/89)
We should consider whether the reference in regulation 4 to regulation C13(5) is correct. That might simply be a typing error, but we should ask the Executive about it.
Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Amendment Regulations 2004 <br />(SSI 2004/90)
No points arise on the regulations.
Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2004 (SSI 2004/91)
Does anyone have any points to raise on the order?
We should query why paragraph 1(5) of schedule 2 to the Local Government and Rating Act 1997 has not been cited as an enabling power.
There is no harm in asking that question.
Non-Domestic Rates (Levying) (Scotland) Regulations 2004 (SSI 2004/92)
No points arise on the regulations.
Regulation of Care (Fees) (Scotland) Order 2004 (SSI 2004/93)
The next instrument is a little more interesting.
We have commented at previous meetings about the necessity to specify how fees may be varied. It seems that the increase that the order makes in fees is rather large. Some of the fees have almost doubled, and the Executive note says that the fees will probably go up again next year and the year after, in similar fashion. We should at least draw the attention of the lead committee to what might be an unexpected use of powers.
Would that be sufficient for what is a semi-policy matter? Do we put the matter to the lead committee, or do we ask the Executive to tell us more about it?
The Executive spelled out in its note why it believes that those increases are necessary for the full recovery of costs from the care commission, but that does not get away from the fact that there are 100 per cent increases in some cases.
That would be a matter for the lead committee. All that the Executive could tell us about it would be what it has already told us.
Given our previous correspondence with the Executive on the issue, in connection with another instrument, it might be worth raising our objections with the Executive again as well as highlighting the issue for the lead committee.
I am easy. Do members think that we should ask the Executive for its comments?
In debates in previous weeks, we have been concerned about the open-ended nature of the power, which we said should be restricted to covering inflation, so we should ask the Executive for its comments.
These increases are different from inflationary upgrading because the order will move the charging basis from one that is not based on cost recovery to one that is based on cost recovery. I am sure that that is how the Executive will explain the increases, but it will do no harm to have that clarification in case there are issues for us in the Executive's response.
We have agreed to ask the Executive and to tell the lead committee what we are doing.
Regulation of Care (Requirements as to Care Services) (Scotland) Amendment Regulations 2004 (SSI 2004/94)<br />Regulation of Care (Applications and Provision of Advice) (Scotland) Amendment Order 2004 (SSI 2004/95)
Regulation of Care (Registration and Registers) (Scotland) Amendment Regulations 2004 (SSI 2004/96)<br />National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2004 (SSI 2004/97)
No points have been identified on the instruments.
National Health Service <br />(General Ophthalmic Services) (Scotland) Amendment (No 2) Regulations 2004 <br />(SSI 2004/98)
No points of substance have been identified on the regulations, but we might want to highlight the drafting of the explanatory note's final paragraph, which is not enlightening and needs further explanation.
National Health Service (Dental Charges) (Scotland) Amendment Regulations 2004 (SSI 2004/101)<br />National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 2004 (SSI 2004/102)
National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2004 (SSI 2004/103)
Unless anyone interrupts me, no points arise on the regulations.
Can we assume that all the minor typographical and drafting points that have been picked up will be raised with the Executive informally?
Absolutely. I am sorry if, in rushing on quickly, I did not make that clear.
I am quite happy if that is understood and if it applies in all cases.
Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2004 (SSI 2004/104)
No points arise on the regulations.
Housing (Scotland) Act 2001 (Alteration of Housing Finance Arrangements) Order 2004 (SSI 2004/105)
We should ask the Executive why the word "year" is defined in article 2, when the term is not used elsewhere in the order.
I am happy to do that.
National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2004 (SSI 2004/106)
Again, no points of substance arise on the regulations.
Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Amendment Order 2004 <br />(SSI 2004/108)
In this case, a definition could usefully have been provided. The term "care service" is not defined so there is an inconsistency with the principal order.
That is another question that we can properly ask the Executive.
Rural Stewardship Scheme (Scotland) Amendment Regulations 2004 <br />(SSI 2004/109)
The regulations come into force on 31 March but they provide a start date of 15 March for certain activities. We should ask the Executive whether the regulations are intended to be retrospective.
Okay.
Pollution Prevention and Control (Scotland) Amendment Regulations 2004 (SSI 2004/110)
No points arise on the regulations other than the typographical errors, which, Murray Tosh was right to say, will be pointed out to the Executive.
Potatoes Originating in Egypt (Scotland) Regulations 2004 (SSI 2004/111)<br />Countryside Premium Scheme (Scotland) Amendment Regulations 2004 <br />(SSI 2004/113)
No points arise on the regulations.