TSE (Scotland) Amendment (No 2) Regulations 2006 (SSI 2006/231)
We asked the Executive to explain the reference to the slaughter of animals under section 17 of the Animal Health Act 1981 and not under sections 31 to 34 of that act. The Executive has agreed to make the necessary amendment in consolidation regulations later this year. I ask the clerk to keep an eye on the matter to check that that happens. Are members content to draw the attention of the lead committee and the Parliament to the regulations on the ground of defective drafting, as acknowledged by the Executive, and to mention what the Executive will do?
Avian Influenza (H5N1 in Wild Birds) (Scotland) Amendment Order 2006 <br />(SSI 2006/237)
We raised several points on the order, to which the Executive has responded. Three further points arise, although members may want to make any points first.
Do you mean in relation to matters other than those that are in the legal briefing?
No, I mean on the points that are in the briefing. On point 1, we could take two routes, which is why I asked for members' comments.
The Executive's explanation for the lack of a transposition note is not good. The Executive had time and opportunity to provide such a note in the order, which revises an earlier order, and it should have done so. We should raise that point, although the issue is not major in that it does not affect whether the legislation is operable. However, there should be a transposition note.
We will draw attention to the fact that there is no transposition note.
On our points 3 to 5, the Executive has acknowledged the defective drafting and is moving to correct that, where necessary. Okay?