Official Report 144KB pdf
Preserved Rights (Transfer to Responsible Authorities) (Scotland) Regulations 2002 (SSI 2002/76)
There is a question about whether the regulations comply with proper drafting practice. We might want to draw that to the attention of the lead committee and the Parliament.
I think that we should.
Okay.
Provision of School Education for Children under School Age (Prescribed Children) (Scotland) Order 2002<br />(SSI 2002/90)
This is a sensitive matter, and we hear that the Education, Culture and Sport Committee was particularly concerned when it heard that this committee had commented on defective drafting. We would not want to get the Education, Culture and Sport Committee too upset. There are occasions when the drafting of statutory instruments is not exactly correct or as we would wish to see it, but that has no great adverse effect on the substance. We had commented in passing that the drafting of the order could have been better, while appreciating that there may have been pressure of work or whatever at the Executive.
There is a question as to what a starting point is given that the order refers to the school term. We have queried exactly what that means, as it is not clear. We would want to ask the Executive to explain it a bit better.
The Executive has indicated that it was difficult for it to nominate specific starting dates, because local authorities have different times for their school holidays and terms.
We understand that. The use of plain and basic English might help get through the difficulty.
We might suggest wording such as "at the start of the locally arranged term".
That is possible—the Executive may even take that suggestion on board. The dates shown on school calendars will be also be different from year to year. [Interruption.] That mobile phone going off is a hanging offence.
I know it is. Do you want to do it now or later?
We will inform the lead committee of our view.
Non-Domestic Rates (Levying) (Scotland) Regulations 2002 (SSI 2002/91)
Fortunately, these regulations are not going to the Education, Culture and Sport Committee, so we may say, "There is defective drafting."
There is an unnecessary reference to "the 2000 Regulations", but the Executive has acknowledged that.
Yes, that is fine. The Executive put its hand up on the matter; it was refreshingly frank and admitted that the definition of "the 2000 Regulations" was a mistake. We take it that that will be rectified at some point.
Electricity from Non-Fossil Fuel Sources (Locational Flexibility) (Scotland) Order 2002 (SSI 2002/92)
We were mystified as to when "Scotland" was not Scotland. The order deals with resources and the relationship between adjacent sea and land. Anyway, the Executive has explained its purpose clearly, and we should thank it for that clear explanation of when Scotland is Scotland—provided that it is not Bathgate, as we learned before the meeting started.
To explain: it was raised in The Scotsman this morning that there is some doubt about whether Bathgate is in Scotland.
As we know, the question of fossil fuels used to be relevant around that part of the country. We will say no more about it, in case we open up a can of worms that we do not mean to open.
"Bathgate no more."
Adults with Incapacity (Supervision of Welfare Guardians etc by Local Authorities) (Scotland) Regulations 2002 (SSI 2002/95)
We had raised with the lead committee and with Parliament a question of vires with respect to regulation 4. The Executive has given us a full and courteous reply, and has explained that the regulations that are revoked under regulation 4 made provision for the supervision of guardians as appointed under the Mental Health (Scotland) Act 1984 and for the duties of those guardians, and that that provision is to continue under the new act, the Adults with Incapacity (Scotland) Act 2000. I think that I understand the regulations better now, and I hope that other committee members do also. Many thanks to the Executive.