Subordinate Legislation Committee, 18 Sep 2001

Meeting date: Tuesday, September 18, 2001

Official Report 147KB pdf

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Rural Stewardship Scheme (Scotland) Regulations 2001 (SSI 2001/300)

Agenda item 3 is instruments subject to annulment. It is suggested that we ask the Executive for an explanation of the vires of regulation 17.

It appears that regulation 17 creates a criminal offence. It is not clear whether that is possible under the Environment Act 1995. The regulations also refer to the European Communities Act 1972, but there remains doubt about whether Scottish ministers can properly create a criminal offence under regulation 17.

Is this a case of falling between two stools, in that two acts, the Environment Act 1995 and the European Communities Act 1972, are concerned? We can ask the Executive to give an explanation.

A similar difficulty arises in relation to regulation 11. An explanation is required for the powers under that regulation.

There is a wee bit of redundancy: regulation 16 appears not to be necessary, as the provision already exists in legislation.

Moving on to definitions, the term "application for aid" is used in places, but elsewhere the word "application" is used on its own. The terms seem to be used interchangeably in the regulations. Such a shortcoming in definition can be awkward. That does not look like good drafting.

We could ask the Executive to explain the purpose of regulations 17(3) and 17(4), which appear to be a repetition of provisions that already exist under the Criminal Procedure (Scotland) Act 1995.

Regulation 14(5) provides for the serving of notices by post. The Executive should be asked why that is required.