Official Report 173KB pdf
Instruments Not Laid Before <br />the Parliament
Pollution Prevention and Control (Designation of Waste Incineration Directive) (Scotland) Order 2003<br />(SSI 2003/204)
It is suggested that we make a formal point on the drafting of the explanatory note. Some explanatory notes for other instruments have been missing, but this explanatory note leaves a wee bit to be desired, as it does not make clear the purpose of the order, which is to enable the necessary implementing regulations to be made. It is also suggested that a reference to the relevant implementing regulations would have been helpful.
The briefing asks whether the committee is content with the citation.
Sorry. Go back, Sylvia. We need to consider whether we are happy with the citation of the directive that is designated by the order.
I did not understand that point, so it is worth taking a minute to consider the matter. Are you referring to the material in the second-last paragraph on page 30 of the briefing?
Yes. It is observed that the full title of the directive begins "Directive 2000/76/EC of the European Parliament and the Council", not "Council Directive 2000/76/EC", as stated in article 2 of the order. However, the point is probably not material.
Are we concerned that directives made using the codecision procedure, involving the European Parliament and the Council, might not technically be the same as a "Council Directive"?
Yes. That is the point.
How would we clarify that?
We need to ask.
Do we ask the Council or the Executive?
We ask the Executive. That is all that we can do. That will cover the point that has been raised.
National Health Service (Constitution of Health Boards) (Scotland) Amendment Order 2003 (SSI 2003/217)
Two technical points arise. First, we need to ask why, given that the Interpretation Act 1978 does not apply to the parent act, section 105(6) has not been cited as an enabling power. Secondly, we need to ask why article 4 has not been amended to remove the reference to column 1 of the schedule, given that the substituted schedule does not have a column numbered 1. Those are purely technical points.
Adults with Incapacity (Scotland) Act 2000 (Commencement No 3) Partial Revocation Order 2003 (SSI 2003/227)
It is suggested that we ask the Executive to explain why, contrary to the guidance on the drafting of statutory instruments, the explanatory note gives no indication of the content of the provisions that are not to be commenced as a result of the order. That is another issue concerning explanatory notes.
Moreover, the order does not have an Executive note.
We will raise both those points with the Executive.
Act of Sederunt (Fees in the National Archive of Scotland) 2003 (SSI 2003/234)
No points arise on the instrument.
Agricultural Holdings (Scotland) Act 2003 (Commencement No 1) Order 2003<br />(SSI 2003/248)
We will want clarification from the Executive on the effect of the words "for those purposes" in article 2.
Adults with Incapacity (Scotland) Act 2000 (Commencement No 4) Order 2003<br />(SSI 2003/267)
It is recommended that the Executive should be asked to provide further background to the order, but the committee may be happy to let the matter stand.
The comment in the briefing makes the fairly substantive criticism that there is no Executive note to explain why the provisions are now to come into force. As the order does not refer to previous orders, there is no context. It would be appropriate for us to seek further information on those matters.
Yes. We shall ask that further background be provided.
Criminal Justice (Scotland) Act 2003 (Commencement No 1) Order 2003<br />(SSI 2003/288)<br />Agricultural Holdings (Scotland) Act 2003 (Commencement No 2) Order 2003<br />(SSI 2003/305)
No points arise on the orders.
National Health Service (Functions of the Common Services Agency) (Scotland) Amendment (No 2) Order 2003<br />(SSI 2003/306)
We could again ask the Executive whether it plans any consolidation of the relevant orders.