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Instruments Subject <br />to Annulment
Police Pensions (Scotland) Amendment Regulations 2003 (SSI 2003/406)
We come to item 7, under which we have several instruments to consider. The first is the Police Pensions (Scotland) Amendment Regulations 2003 (SSI 2003/406).
On paragraph 7 of schedule 1, which amends regulation H1 of the Police Pensions Regulations 1987 (SI 1987/257), there is some doubt as to whether the provision that matters may be referred
We will seek an explanation.
Animal By-Products (Scotland) Regulations 2003 (SSI 2003/411)
These regulations were very interesting, and we have a number of points to raise for the purposes of clarification. The first is to do with regulation 32, which does not include a specific sanction for breach of its requirements. We could ask the Executive to clarify how that regulation is to be enforced.
Could the Executive also clarify what is to happen to records that are to be made but not kept? People might make a record of something but, if nobody cares about it, could it just be destroyed immediately?
There is quite a bit of confusion over certain regulations on the making and keeping of records.
There is no transposition note.
Again, we raise that point.
Yes—it is my favourite. I heard what the witnesses said earlier in the meeting, but I still think that one should be included.
Are those points agreed?
Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Scotland) Amendment Regulations 2003 <br />(SSI 2003/413)
We turn now to figs, hazelnuts and pistachios from Turkey, which I might have had this summer. No points of substance arise.
Food (Pistachios from Iran) (Emergency Control) (Scotland) Regulations 2003 <br />(SSI 2003/414)
We have quite a few points to raise under these regulations, and it is suggested that we ask the Executive a number of questions on them. We could ask the Executive to explain the purpose and effect of regulation 3(1)(b). Is that agreed?
Under regulation 3(1), it seems that people can import pistachios only if they undertake to sample them. Of course, the product would have to be imported before any sampling could be done anyway. I was trying to make that point to the Food Standards Agency witnesses earlier, because the same requirement appears elsewhere. Various other points are made in the legal brief about the same area, and we should put those to the Executive as well.
Road Works (Inspection Fees) (Scotland) Regulations 2003 (SSI 2003/415)
There do not appear to be any points of substance to raise in relation to the regulations, but there is a minor error that we might note, which is to do with the word "and". We can mention that by informal letter. Is that agreed?
Road Works (Recovery of Costs) (Scotland) Regulations 2003 (SSI 2003/416)
It is suggested that we ask the Executive why section 163(3) of the parent act—the New Roads and Street Works Act 1991—which seems to be an important enabling power relevant to the sub-delegation provided for in the definition of
Before he had to leave our pre-meeting for another meeting, Murray Tosh raised an issue about style that might be conveyed by informal letter. Is that agreed?
Road Works (Reinstatement) (Scotland) Amendment Regulations 2003 <br />(SSI 2003/417)
The question is whether the regulations refer to 125 million standard axels per annum or over the lifetime of the road, and whether they are intended to operate on every cattle track up a mountain or only on roads that carry 125 million standard axels per annum, which would make sense.
I know that the frequency has been missed out before, but it must be per something—per week, per annum or per millennium—otherwise, the figure has no meaning.
Indeed. There has to be a time frame. We will ask for an explanation. We will also ask why section 163(3), which appears to be relevant, has not been cited in the preamble as an enabling power.
The regulations are very topical. There has been a lot in the newspapers over the past week or so about local authorities, in particular, complaining about reinstatement, the utilities and so forth. They will want to use the regulations and they will want them to be right.
Absolutely—especially in Stirling.
And in Fife. I cannot see the utilities' being willing to lie down and not argue the case on the regulations.
I cannot see that at all. We must be very careful that everything is exact.
Food (Peanuts from Egypt) (Emergency Control) (Scotland) Regulations 2003 <br />(SSI 2003/418)
The next regulations are on peanuts from Egypt.
It is like a song. [Laughter.]
We are all going to burst into song.
It is recommended that we raise with the Executive the same points that we will raise in relation to SSI 2003/414.
Was that on pistachios from Iran?
Yes.
I like pecans, myself.
Food (Peanuts from China) (Emergency Control) (Scotland) Amendment Regulations 2003 (SSI 2003/419)
The next regulations are on peanuts from China.
I am starting to wonder whether these regulations have just been made up to pull our legs. Is this a spoof?
I never realised that I was going to deal with so many nuts—
—from the Scottish Executive. [Laughter.]
You must have known when you stood for election.
Order. Members will be glad to know that no points of substance arise in relation to the regulations.
Housing Grants (Application Forms) (Scotland) Regulations 2003 (SSI 2003/420)
No points arise in relation to the regulations.
Advice and Assistance (Scotland) Amendment (No 2) Regulations 2003 <br />(SSI 2003/421)
We will ask the Executive when it intends to consolidate the principal regulations, as they have been amended seven times.
National Health Service (General Dental Services) (Scotland) Amendment (No 2) Regulations 2003 (SSI 2003/422)
The issue is consolidation, again.
We were once told that the Executive had a policy on how many times it would amend regulations before consolidating them. I cannot remember how many times it said it would do so; however, seven times seems too many. Was it four times?
Yes—it would amend regulations four times, with consolidation on the fifth substantive amendment. Perhaps we can make that point in our letter.
Yes, and remind the Executive what it told us.
Teachers' Superannuation (Scotland) Amendment Regulations 2003 (SSI 2003/423)
The regulations are going to be consolidated and that work is well under way. There is no further comment in our legal advice.
Children's Hearings (Provision of Information by Principal Reporter) (Prescribed Persons) (Scotland) Order 2003 (SSI 2003/424)
No points of substance arise, just minor points. Is that agreed?
Members will be pleased to hear that that is the end of the agenda. We will meet again next week. I hope that we will not have quite so many papers before us then, but we will see. Thank you very much.
Meeting closed at 11:51.
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