Subordinate Legislation Committee, 18 Apr 2006

Meeting date: Tuesday, April 18, 2006

Official Report 137KB pdf

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Instruments Not Laid Before the Parliament

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Instruments Not Laid Before <br />the Parliament

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Charities and Trustee Investment (Scotland) Act 2005 (Commencement No 3, Transitional and Savings Provision) Order 2006 (SSI 2006/189)

We will raise a minor point about the order with the Executive.

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Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2006 (SSI 2006/196)

We are all obviously very aware of this issue. The order implements a European Commission decision on protection measures in respect of highly pathogenic avian influenza in wild birds. Several points have been raised and it is important to get them on the record.

The first is the absence of an Executive note and a transposition note.

Secondly, we need to know why article 3 of the order does not extend the definition of disease—as well as the definition of poultry—in line with section 88(4) of the Animal Health Act 1981 to include avian influenza as defined in article 2 of the order.

Thirdly, in article 2 of the order, the definition of disinfection states that the term "‘diseases of poultry'" has the meaning that was given to it under the Diseases of Animals (Approved Disinfectants) Order 1978 (SI 1978/32), although that order does not provide such a definition.

Fourthly, there is no definition of the term "wild bird".

Article 15 of the order contains paragraph 15(1) but no subsequent paragraphs.

Paragraph 1(2)(g)(i) of schedule 1, paragraph 1(2)(c)(i) of schedule 2 and paragraph 1(c) of schedule 3 all refer to the Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2005, but those regulations do not appear to exist. The regulations are not footnoted in schedule 1 and the footnotes in schedules 2 and 3 refer to English regulations. We need to know whether the references in the order should be to regulations 9 and 9A of the Animals and Animal Products (Import and Export) (Scotland) Regulations 2000 (SSI 2000/216).

Finally, what is meant by the term "SFF egg" as in paragraph 4 of schedule 1 to the order?

It is actually "SPF egg".

Is it?

Yes. I do not know what it means, but we had better be accurate. By the way, it was Stewart Stevenson who noticed that.

There are also some minor points that we can raise, so we might as well put them all together. Are there any further points to raise?

No.

That is quite amazing.

Although the publication of the order was decided by events that were outwith anyone's control, I would have thought that the order would have been ready and checked. It should have been prepared well in advance. We have known for some time that this was coming but, on the face of it, the order seems to have been a rush job.

Yes; there are quite a few errors.

It is more important to say that it was put in place and that it worked.

Absolutely, but we also want good legislation.

Kenny Macintosh probably knows what an SPF egg is.

No.

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Act of Sederunt (Sheriff Court Bankruptcy Rules 1996) Amendment (UNCITRAL Model Law on Cross-Border Insolvency) 2006 (SSI 2006/197)

No substantive points arise, but there is an error in the citation provision that has been drawn to the attention of the Lord President's office by our legal advisers.

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Act of Sederunt (Sheriff Court Caveat Rules) 2006 (SSI 2006/198)

No points have been raised on the act of sederunt.

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Act of Sederunt (Rules of the Court of Session Amendment No 2) (UNCITRAL Model Law on Cross-Border Insolvency) 2006 (SSI 2006/199)

Several errors in the act of sederunt have already been drawn to the attention of the Lord President's office by the legal team. Are there any further points?

No.

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Act of Sederunt (Sheriff Court Company Insolvency Rules 1986) Amendment (UNCITRAL Model Law on Cross-Border Insolvency) 2006 (SSI 2006/200)

No points have been raised on the act of sederunt.

I now move the meeting into private session.

Meeting continued in private until 12:31.