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Chamber and committees

Subordinate Legislation Committee,

Meeting date: Tuesday, May 19, 2009


Contents


Instruments subject to Annulment


Purity Criteria for Colours, Sweeteners and Miscellaneous Food Additives (Scotland) Regulations 2009 (SSI 2009/167)

Are we content to find the Scottish Government's explanation for not consolidating the 1995 regulations acceptable and to report to the lead committee and Parliament accordingly?

Members indicated agreement.


Period to Prepare an Adoption Allowances Scheme (Scotland) Order 2009<br />(SSI 2009/168)

The Convener:

Do members agree to report to the lead committee and Parliament on the grounds that, in relation to article 2 of the order, there has been a drafting error in so far as that article contains a patently incorrect reference to "Regulations" rather than "Order", which does not affect the instrument's meaning or operation? In other words, the wording is wrong, but the order still works.

Members indicated agreement.

Has an acceptable response been received on the point about the citation of powers in the preamble?

Members indicated agreement.


Swine Vesicular Disease (Scotland) <br />Order 2009 (SSI 2009/173)

The Convener:

Are we content to report the order to the lead committee and Parliament on the grounds that, in relation to articles 16 and 17 of the order, an explanation has been sought and provided by the Scottish Government about the meaning and effect of the provisions, with which the committee is satisfied; and that in relation to the powers of inspectors that are contained in articles 38 and 39, and the restrictions on persons that are contained in paragraph 7 of schedule 1, an explanation has been sought and provided by the Scottish Government, with which the committee is satisfied?

Members indicated agreement.

The Convener:

Are we content to note and welcome the Government's undertaking to review the provisions the first time that the order is amended for other reasons, and to give careful consideration to providing for a judicial warrant procedure along the lines that are set out in the question that was posed to the Government? Are we also content to report that, in relation to paragraph 4(4) of schedule 2, there is a drafting error that the Scottish Government has undertaken to correct, which might be considered unlikely to affect the operation of the order?

Members indicated agreement.


National Health Service (Pharmaceutical Services, Charges for Drugs and Appliances and Charges to Overseas Visitors) (Scotland) Amendment Regulations 2009 (SSI 2009/177)

The Convener:

Are we content to report to the Parliament that we find satisfactory for our interests the Scottish Government's explanation in the letter to the Presiding Officer dated 8 May 2009 for the failure to comply with articles 10(1) and 10(2) of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (SI 1999/1096)?

Members indicated agreement.


Justice of the Peace Courts (Sheriffdom of South Strathclyde, Dumfries and Galloway) Revocation Order 2009 (SSI 2009/180)

Are we content with the order?

Members indicated agreement.

Are we content with the Scottish Government's explanation for its failure to comply with the dreaded 21-day rule and, if so, are we content to report accordingly?

Members indicated agreement.


Individual Learning Account (Scotland) Amendment Regulations 2009<br />(SSI 2009/176)<br />Education (School Lunches) (Scotland) Regulations 2009 (SSI 2009/178)

The committee agreed that no points arose on the instruments.