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Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Amendment Regulations 2014 (SSI 2014/50)
The drafting of regulation 4 is defective, as new regulation 4A(2), which is inserted into the Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Regulations 2003 (SSI 2003/135), fails to refer to the “proper officer” as the person to whom members of devolved public bodies that are also national park authorities must give a notice of interests.
In this particular case, we should definitely press further. If a member of a national park authority were to fail to undertake their commitment to report to the standards officer and used, as their defence, the absence of a standards officer to whom they could report, in some circumstances such a defence would be perfectly legitimate. In this context, precision of wording is likely to be quite important. I am disappointed that the Government does not see the need to align the language with what is in the relevant primary legislation for national parks, especially as previous secondary legislation appears to have used the correct term.
I agree with Stewart Stevenson. At the very least, the error could lead to confusion, but it could lead to a great deal more than confusion. It is a great pity that the Government is not prepared to amend the regulations. This committee has been working particularly hard to encourage better drafting and we would have expected the Government to support that. It appears that, for reasons as yet undefined and perhaps best known only to the Government, it is choosing not to alter an obvious and quite serious mistake.
I take it that we agree that we will report regulation 4 as defective.
Does the committee also agree to report that it considers the Government’s decision not to amend that error prior to the regulations taking effect to be highly unsatisfactory?
Town and Country Planning (Hazardous Substances) (Scotland) Amendment Regulations 2014 (SSI 2014/51)
Our legal advisers have suggested that the committee may wish to draw the following matter to the attention of the lead committee considering the regulations. The regulations come into force on 29 March 2014. Article 31 of directive 2012/18/EU on the control of major accident hazards involving dangerous substances provides that article 30, which the regulations implement, required to be transposed into domestic law by 14 February 2014. Directive 2012/18/EU was published in July 2012.
Brucellosis (Scotland) Amendment Order 2014 (SSI 2014/63)
The order inserts article 7(9), which provides that the maximum period of imprisonment that can be imposed on conviction is six months, into the Brucellosis (Scotland) Order 2009 (SSI 2009/232). However, paragraph 1(1)(d) of schedule 2 to the European Communities Act 1972 provides that the maximum period of imprisonment that can be imposed in the circumstances to which the order applies is three months.
The Scottish Government accepts that an error has been made in the permitted penalty limits and has laid an order that will correct the provision before the associated offence comes into force on 1 April 2014.
Brucellosis (Scotland) Amendment (No 2) Order 2014 (SSI 2014/72)
We now come to that amendment order. It has been drawn to the attention of the committee because the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 have not been complied with.
Earlier, I criticised the Government, but I think that this is an example of how the Government should behave. I very much welcome the fact that it is taking the action that has been described, which is what we would expect.
Indeed. Nonetheless, I think that we would want to report formally in the way that I suggested to ensure that our statistics are consistent.
Police Service of Scotland (Conduct) Regulations 2014 (SSI 2014/68)
Regulation 7 provides that a constable may be legally represented in any misconduct or appeal hearing. However, the effect of regulation 25(8)(b) is that legal representation at an appeal hearing will be subject to the discretion of the person who determines the appeal and that, as such, it may be refused in cases other than those in which disciplinary action that constitutes demotion in rank or dismissal has been ordered.
A further matter has been raised by our legal advisers. The lead committee may wish to consider whether the exercise of the right of a constable to object to the appointment of an assessor, a solicitor or an advocate to advise at a misconduct hearing, which is to be exercised within three working days of receipt of the misconduct form that must be sent under regulation 15(2), is or could be frustrated by the fact that the appointment of such persons is not a matter of which the constable is required to be given notice in the misconduct form under regulation 15(3).
CRC Energy Efficiency Scheme (Amendment) Order 2014 (SI 2014/502)
The requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 have not been complied with but, in this case, the committee may wish to find the reason for non-compliance to be acceptable, as it is the result of a decision to include an additional policy in the carbon reduction commitment scheme, adequate notice of which appears to have been given to participants. It is, of course, desirable that the scheme should be implemented uniformly throughout the UK at the beginning of its next phase, on 1 April 2014.
Does the committee agree, however, to report that it finds the reason for non-compliance to be acceptable in this case?