Subordinate Legislation Committee, 20 Feb 2007

Meeting date: Tuesday, February 20, 2007

Official Report 180KB pdf

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Instruments Subject to Annulment

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Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2007 (SSI 2007/58)

No points arise on this amendment order.

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Civil Legal Aid (Scotland) Amendment Regulations 2007 (SSI 2007/59)<br />Advice and Assistance (Scotland) Amendment Regulations 2007 (SSI 2007/60)

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Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2007 (SSI 2007/63)

No substantive points arise on these instruments. We will pass a number of minor points on to the Executive. Are members agreed?

Members indicated agreement.

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Regulation of Care (Scotland) Act 2001 (Commencement No 7 and Transitional Provisions) Amendment Order 2007 (SSI 2007/67)

No points arise on this amendment order.

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Police (Injury Benefit) (Scotland) Regulations 2007 (SSI 2007/68)

No points arise on these regulations. However, our attention is drawn to the fact that they replace the previously revoked Police (Injury Benefit) (Scotland) Regulations 2006 (SSI 2006/610).

I had a number of concerns about the previous regulations, which were simply riddled with flaws.

Indeed.

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Avian Influenza (Preventive Measures) (Scotland) Order 2007 (SSI 2007/69)

The order breaches the 21-day rule, but in this case the breach appears to be justified.

Are members content to ask the Executive to explain which powers enable articles 5 to 7 of the order, as they do not appear to be enabled by sections 1 and 8A of the Animal Health Act 1981?

Members indicated agreement.

We should also raise a number of minor points that have been identified.

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Local Government Pensions Etc (Councillors and VisitScotland) (Scotland) Amendment Regulations 2007 (SSI 2007/71)<br />Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment Regulations 2007 (SSI 2007/72)

No points have been identified on either set of regulations.

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Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2007 (SSI 2007/73)

Do members wish to comment on the delay between the making and the laying of this order?

Is what has happened unusual?

Yes.

We should ask the Executive about it then.

Okay.

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Housing (Scotland) Act 2001 (Alteration of Housing Finance Arrangements) Order 2007 (SSI 2007/74)

The same problem arises with this order—a delay between the making and the laying. In this case, the delay was seven days.

Another point that we might raise with the Executive concerns the purpose of the definition of "year" in article 2. That term does not appear to be used anywhere else in the order.

Shall we raise those points?

Members indicated agreement.

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Licensing (Clubs) (Scotland) Regulations 2007 (SSI 2007/76)

We have spoken about these regulations before—they are the ones on which everything else hinges.

I am sure that it will all hold together eventually.

Yes—I am glad you said that.

No points have been identified on the regulations.

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Personal Licence (Scotland) Regulations 2007 (SSI 2007/77)<br />Food Supplements (Scotland) Amendment Regulations 2007 (SSI 2007/78)

No substantive points arise on either set of regulations but some minor points do.

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Scotland Act 1998 (Agency Arrangements) (Specification) Order 2007 (SI 2007/286)

No points have been identified on the order.