Instruments Subject <br />to Annulment
Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2004 <br />(SSI 2004/209)
Two issues have been identified by our legal advisers. First, if there is derogation from what is being proposed, it is unclear whether the fish will simply not be weighed or whether the British sea fishery officer will not be present at the weighing. There is a difficulty with the interpretation of that.
No, but, given that a breach of the requirement to have the sea fishery officer present at a weighing would be a criminal offence, it is important that we ask for clarification on precisely the circumstances under which the derogation applies.
We will ask for an explanation of the derogation and about the purpose of article 15(2). Is that agreed?
Food (Emergency Control) (Scotland) (Miscellaneous Amendments) Regulations 2004 (SSI 2004/210)<br />Tobacco Advertising and Promotion (Specialist Tobacconist) (Scotland) Regulations 2004 (SSI 2004/211)
No particular points have been identified on either set of regulations.
Primary Medical Services (Consequential and Ancillary Amendments) (Scotland) Order 2004 (SSI 2004/212)
The legal adviser makes two points on the order, both to do with the vires of the provisions. First, the amendments in paragraphs 1 and 5 of schedule 1 refer to reserved matters. Secondly, there is inclusion of a reference to paragraph 78 of schedule 1 to SI 2002/2469 in schedule 2. Are there any additional comments or do members agree to ask the Executive about those two points?
Meeting closed at 14:40.
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Executive Response