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Advice and Assistance (Financial Conditions) (Scotland) Regulations 2007 (draft)<br />Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2007 (draft)
No substantive points arise on the regulations, but there are a few minor points that we can raise informally with the Executive.
Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2007 (draft)
No points arise on the regulations.
Debt Arrangement Scheme (Scotland) Amendment Regulations 2007 (draft)
No substantive points arise on the regulations, but there are minor points that we can raise informally with the Executive. Is that agreed?
Fundable Bodies (Scotland) Order 2007 (draft)
This a relaid order. No points arise on it.
Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (draft)
Do members agree to ask the Executive to explain why it has used a combination of enabling powers from different acts that are subject to different parliamentary procedures in these draft regulations?
That is the very point I want to raise. I have been a committee member for almost four years now, and I cannot remember this sort of thing coming up more than once or twice in my first three and a half years, but over the past couple of weeks it has started to appear. I am curious to find out why the draft regulations should contain this mixture of procedures. We have written to the Executive; I will be interested to see what it has to say.
We should receive its response next week, but there is nothing to stop us raising the point again.
Have we writed—
Have we writed? Are you not on the Education Committee?
I have been talking to my five-year-old too much.
I should also say that, instead of writing to the Executive again, we can simply note that this combination of powers in a single instrument has arisen once more.
I was attempting to ask whether we have written to the Executive on Stewart Maxwell's general point.
Yes. We should receive its response before next week's meeting.
National Waste Management Plan for Scotland Regulations 2007 (draft)
No points arise on these draft regulations.
Number of Inner House Judges (Variation) Order 2007 (draft)
After discussions between the legal advisers and the Executive, this draft order was withdrawn and relaid. We thank our advisers for their work.
Renewables Obligation (Scotland) Order 2007 (draft)
We will ask the Executive to explain the reference to "subparagraph (c)" in article 24(4)(b), as such a subparagraph does not exist. Are members agreed?
Representation of the People (Post-Local Government Elections Supply and Inspection of Documents) (Scotland) Regulations 2007 (draft)
The original draft regulations were withdrawn and relaid after our legal advisers identified certain errors. They are certainly working hard, because no further points arise on these draft regulations.
Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 (draft)
Several points arise on this draft order.
This draft order, too, combines affirmative and negative procedures, and there are a number of other points that are worth raising.
The combination of procedures is the main point. However, we should also ask whether in the definition of "fish farm development" in article 11(2)(a) the "and" should be an "or"; which provisions in the draft order rely on section 58 of the Planning etc (Scotland) Act 2006; and why, given that the power in section 26(6C) of the Town and Country Planning (Scotland) Act 1997 is subject to the consultation requirement in section 26(6H), the preamble does not, in accordance with normal drafting procedure, cite the provision under which consultation has been carried out. Are members agreed?
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