Official Report 103KB pdf
Instruments Subject <br />to Annulment
Housing (Scotland) Act 2001 <br />(Registered Social Landlords) Order 2002 (SSI 2002/411)
The order is an interim measure. However, in order for it to take effect, landlords should have received notification no later than October 2001. We are not sure whether the Executive complied with that notification requirement. The matter would have been cleared up if the preamble had included that information. We should ask the Executive for confirmation that things happened according to the order and why the preamble did not include a statement that landlords had been notified by October 2001. Let us hope that the Executive did so.
It may not have done so.
The order may also be ultra vires.
The points are important. We must just hope that there has been an oversight.
Homeless Persons Interim Accommodation (Scotland) <br />Regulations 2002 (SSI 2002/412)
Yet again, we must ask why definitions of terms that are used in the parent act need to appear in the regulations. The point is not a biggie, although I should be careful about saying that after the Perth and Kinross query.
Housing (Scotland) Act 2001 <br />(Appointment of Arbiter) Order 2002 <br />(SSI 2002/413)
No points arise on the order.
Homeless Persons Advice and Assistance (Scotland) Regulations 2002 (SSI 2002/414)
A question arises as to the vires of regulation 4(d).
Yes.
Should we ask the Executive about that?
We should do so. On first reading, it appears that the advice that the council is obliged to offer in connection with housing, homelessness or threatened homelessness might not be properly prescribed in the regulations. It is conceivable that a local authority could be obliged to provide legal advice to an applicant on matters completely unrelated to their housing situation. We will ask for an explanation of that. There are also some typos, but that is a small point.
Housing (Scotland) Act 2001<br />(Scottish Secure Tenancy etc) Amendment Order 2002 (SSI 2002/415)
We have one point to raise that relates to expression. We can do so by way of an informal letter to query the point.
The order is an amending instrument. It is good that the Executive has introduced it. We should not be too snippy about its provisions.
No.
Housing (Scotland) Act 2001<br />(Registration of Tenant Organisations) Order 2002 (SSI 2002/416)
The instrument sets out the procedures that are to be followed by bodies that seek registration or removal from the register of tenant organisations. The question of vires arises again. The main difficulty with the order is the power that it gives to the Scottish ministers to remove associations from the register.
We should write to the Executive to clarify whether article 6 is intra vires.
Okay. We could also ask for an explanation on some other minor points, although they are not as serious as the vires question.
We always ask whether the phrase "in writing" is intended to include electronic means, so we should ask that again. There is a lack of clarity about the definition of the term "served" in article 7, so we should also ask about that.
All right.
Hold on.
What are you worried about?
I want us to slow down for a moment, in case we ask a question to which the answer is clear. Our complaint is that landlords are being given the power simply to remove organisations from the register. Paragraph 2 of part II of the schedule states:
Article 6(1) states that if
We should ask the Executive about the matter. It is odd to say "the organisation must apply", if that is only one of the criteria. The criterion should be that the organisation has applied to the landlord. The matter is not clear.
We will ask about that.
Also, paragraph 3 of part II of the schedule states:
Murdo is correct; any one of the criteria in part II of the schedule can be used. However, the phrase "must apply" does not fit as part of one criterion among many.
Thank you, Gordon. That is much more precise and it means that the Executive will understand exactly what our query is.
Conservation of Salmon <br />(Prohibition of Sale) (Scotland) Regulations 2002 (SSI 2002/418)
The regulations seem fine.
You can eat salmon or sea trout, but you cannot sell them.
Are you saying that one cannot sell salmon, even at the back door of a hotel?
Not if they are caught with a rod and a line. We have discussed the matter before.
Some people do not sell them, they just serve them. Is that selling?
People cannot take salmon for sale. There is logic to the regulations. People are not allowed to take amnesic or diarrhetic shellfish either.
Road Humps and Traffic Calming (Scotland) Amendment Regulations 2002 (SSI 2002/419)
We will not go into road humps. There is logic to that, too.