Official Report 140KB pdf
Instruments Subject <br />to Annulment
Education (Assisted Places) (Scotland) Amendment Regulations 2006 <br />(SSI 2006/317)<br />St Mary's Music School (Aided Places) (Scotland) Amendment Regulations 2006 (SSI 2006/318)
Education (Appeal Committee Procedures) (Scotland) Amendment Regulations 2006 (SSI 2006/322)
No points arise on the amendment regulations.
Registration of Independent Schools (Scotland) Regulations 2006 (SSI 2006/324)
No points arise on the regulations. However, members may wish to note that the regulations replace the Registration of Independent Schools (Scotland) Regulations 2005 (SSI 2005/571), on the vires of which we previously expressed doubts. The Executive reflected on things and has replaced those regulations with the new ones, which we welcome.
Civil Legal Aid (Scotland) Amendment <br />(No 2) Regulations 2006 (SSI 2006/325)
Two points have been made on the regulations. Are members content to ask the Executive why section 36(3)(bb) of the Legal Aid (Scotland) Act 1986, which appears to be relevant, has neither been cited as an enabling power nor had its relevance indicated in a footnote, and to ask about the purpose of regulation 1(2), which defines terms that are not used in the regulations?
We will ask the Executive those questions.
Education (Student Loans for Tuition Fees) (Repayment and Allowances) (Scotland) Amendment Regulations 2006 <br />(SSI 2006/326)
No substantive points arise on the regulations, but there are a couple of minor ones that we will mention in an informal letter.
Human Tissue (Removal of Body Parts by an Authorised Person) (Scotland) Regulations 2006 (SSI 2006/327)
Do members want to ask the Executive to explain the inclusion of the words "and interpretation" in the heading for regulation 1, which does not contain any interpretative material? Alternatively, we could raise the issue informally. Which do members want to do?
We should just raise the matter informally.
Okay.
Anatomy (Specified Persons and Museums for Public Display) (Scotland) Order 2006 (SSI 2006/328)<br />Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 (SSI 2006/333)
Anatomy (Scotland) Regulations 2006 <br />(SSI 2006/334)
No points arise on the instruments.
Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006 (SSI 2006/337)
We have had a few instruments to do with avian influenza that have been splattered with errors. Do members have any points?
We should welcome the fact that the regulations are accurate, but we should note the absence of a transposition note, again.
Yes. That is the main point. We will write to say that no transposition note was provided—that would have been helpful.
Firefighters' Compensation Scheme (Scotland) Order 2006 (SSI 2006/338)
No points arise on the order.
Town and Country Planning (Application of Subordinate Legislation to the Crown) (Inquiries Procedure) (Scotland) Order 2006 (SSI 2006/339)
No substantive points arise, but we should perhaps ask the Executive whether the Scottish Committee of the Council on Tribunals was consulted on the order. That issue was flagged up to us by the legal advisers. Do members agree to ask that?
We should do that. Also, paragraph 165 of the legal brief points out some minor matters, which we should raise informally.
Okay.
Human Tissue (Scotland) Act 2006 (Anatomy Act 1984 Transitional Provisions) Order 2006 (SSI 2006/340)
No substantive points arise on the order, but there are some minor ones that we will raise informally.
Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2006 (SSI 2006/341)
No substantive points arise on the order, but, again, we will raise some minor points informally. Are there any points?
There are quite a lot of minor points.
Yes.
And there are a stack of them for the next instrument.
We will come to that.
Firefighters' Pension Scheme Amendment (Scotland) Order 2006 (SSI 2006/342)
Murray, do you want to raise any points on the order?
No. There are some substantive questions that we should pursue with the Executive and which you might want to put on the record, convener. However, I was talking about the huge number of minor points. I wonder if we are getting into a pre-summer rush, which means that the process is not being carried out as scrupulously as it ought to be.
I think so. We have a lot of instruments and we have noticed quite a lot of minor points in them.
Adults with Incapacity (Removal of Regenerative Tissue for Transplantation) (Form of Certificate) (Scotland) Regulations 2006 (SSI 2006/343)
Two points arise on the regulations. First, we should ask the Executive to explain why a starting date has been omitted from the form in the schedule. Secondly, we should ask the Executive to identify which provision of the enabling act confers a power on ministers to revoke a certificate.
Human Tissue (Scotland) Act 2006 (Maintenance of Records and Supply of Information Regarding the Removal and Use of Body Parts) Regulations 2006 <br />(SSI 2006/344)
No points arise on the regulations.