Official Report 193KB pdf
Item 4 is consideration of Executive responses. We asked various questions about regulations last week, and we have received replies.
Form of Improvement Order (Scotland) Regulations 2003 (SSI 2003/336)
I have read through the answer that we received and the legal advice that we have been given. It is suggested that we may wish to consider reporting the regulations on the grounds that there are doubts as to whether they are intra vires in one respect. We might also draw attention to all the further information that we have received from the Scottish Executive. Are members happy with that suggestion?
Housing Grants (Form of Cessation or Partial Cessation of Conditions Notice) (Scotland) Regulations 2003 (SSI 2003/337)
Christine May was quite interested in these regulations.
I felt that the parent act—the Housing (Scotland) Act 1987—gave no scope for amendment of the conditions: either they were all complied with or none of them was complied with. I do not think that we are going to get a different answer from the Executive so I recommend that we do as we have done previously, which is to report our comments and the response to the lead committee and the Parliament to see what action—if any—they wish to take.
Yes. Our legal advice suggests that there is doubt as to whether, in part, the regulations are technically intra vires.
National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003 (SSI 2003/344)
We previously raised four points on the regulations. On point 1, in relying for a definition on superseded legislation the instrument fails to comply with proper legislative practice. Point 2 dealt with the issue of same-sex relationships, and further clarification has been supplied by the Executive. On points 3 and 4, there is a feeling that the instrument fails to follow proper legislative practice.
I do not think so. I am still not convinced by the Executive's answer on point 2; however, I do not think that there is anywhere else that we can go with it. The matter should just be drawn to the attention of the lead committee.
Yes. We asked the question and got back the answer. It is now over to the lead committee.
Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Scotland) Regulations 2003 (SSI 2003/382)
The committee took the view that the inclusion of article 3 as a provision that must be complied with by an importer must constitute defective drafting. That is not a condition that an importer can fulfil, as the duty to comply falls solely on the member state. The answer that we received was encouraging, as the Executive hopes to produce amending regulations shortly.
We should just report the answer to the lead committee.
Yes. We should report the Executive's undertaking following our drawing its attention to that matter.
Food (Brazil Nuts) (Emergency Control) (Scotland) Regulations 2003 (SSI 2003/396)
In response to the second question that we relayed to the Food Standards Agency last week, the FSA confirms that it is intended that compliance with article 5 should be a requirement of regulation 3(1)(a). We are advised that the FSA will make the necessary amendment in the amending regulations. That is good news. In relation to the first and third questions that we raised, the FSA has acknowledged that there was defective drafting. I suggest that we report those issues, along with the answers that we have received, to the Parliament and the lead committee.