Official Report 89KB pdf
Glasgow City Council Area and North Lanarkshire Council Area (Cardowan by Stepps) Boundaries Amendment Order 2009 (SSI 2009/368)
Agenda item 4 is instruments subject to annulment. There has been considerable correspondence with the Government this week on a number of instruments. Rather than read out all the recommendations, I may refer to the summary paper for the more lengthy or complex recommendations, unless members have any objections.
Members indicated agreement.
Railway Closures (Exclusion) Scotland Order 2009 (SSI 2009/371)
Is the committee content to report that the order contains a drafting error, in that the definition of the Railways Act 2005 in the preamble is of no legislative effect? No definition was required, since the 2005 act is referred to once only. It should be noted that the error is unlikely to affect the validity or the operation of the instrument. Are members content?
Members indicated agreement.
Feed (Specified Undesirable Substances) (Scotland) Regulations 2009 (SSI 2009/373)
Is the committee agreed that the Scottish Government has provided a satisfactory response in relation to the question raised about whether the instrument's purpose falls under powers exercisable by the Scottish ministers, and to report accordingly to the lead committee and to the Parliament?
Members indicated agreement.
Food Labelling (Declaration of Allergens) (Scotland) Regulations 2009 (SSI 2009/374)
Do we agree to draw the regulations to the attention of the Parliament and the lead committee on the ground that there has been a delay of almost six months in correcting an incompatibility between Scots criminal law and European Community law?
Members indicated agreement.
Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007) Order 2009 (SSI 2009/375)
Do we agree to bring the order to the attention of the lead committee and the Parliament on the basis that the form or meaning of article 3, which provides for modification of the Police Act 1997, could have been made clearer? I should point out that when the question whether an instrument makes a textual amendment determines the parliamentary procedure that applies, the committee considers that the form of modification that is adopted should be made absolutely clear. Are we agreed?
Members indicated agreement.
Rural Payments (Appeals) (Scotland) Regulations 2009 (SSI 2009/376)
We are likely to be satisfied with the response for the regulations. Are we happy to agree to the proposal in the summary of recommendations?
Members indicated agreement.
Planning (Control of Major–Accident Hazards) (Scotland) Regulations 2009 (SSI 2009/378)
Is the committee content to report to the lead committee the recommendations as set out in the summary of recommendations?
Members indicated agreement.
Act of Sederunt (Fees of Sheriff Officers) (Diligence) 2009 (SSI 2009/379)
Does the committee agree to welcome the indication that the drafting error to the reference made to item 5(c) will be addressed at the next available opportunity?
Members indicated agreement.
Do we agree to report the act of sederunt to the Parliament on the basis that its meaning could be clearer, there being an inconsistency between paragraph 3(2), which provides for the insertion of item 5(c) in the table of fees, and paragraph 4, which states that item 5 in the table of fees is omitted? The error is not likely to have an effect on the operation of the instrument. Are we happy with that?
Members indicated agreement.
Finally, in relation to the breach of the 21-day rule, are we satisfied with the explanation given by the Lord President's private office for the failure to comply with article 10(2) of the Scotland Act (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (SSI 1999/1096)?
Members indicated agreement.
Home Energy Assistance Scheme (Scotland) Amendment Regulations 2009 (SSI 2009/392)
The committee agreed that no points arose on the instrument.