Subordinate Legislation Committee, 21 Nov 2006

Meeting date: Tuesday, November 21, 2006

Official Report 310KB pdf

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Instrument Subject to Annulment

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EC Fertilisers (Scotland) Regulations 2006 (SSI 2006/543)

Three questions arise on the regulations. The first is why, in regulation 7(c), the requirements of article 21 of the EC regulation are expressed as alternatives to the requirements of article 6(2)(c) rather than as requirements, both of which must be fulfilled. The second question is a similar point that arises in regulation 8(c) in relation to packaging. The third is about the absence of a transposition note.

A final question would be whether we are content to ask the Executive to provide further justification for the inclusion of the due diligence defence given the absence of such a defence from the English and Welsh regulations.

All those points should be followed up. There are policy problems with these regulations, and I have raised them with the lead committee. You have now raised further issues.

Annulment might be too strong a measure, but the people responsible for the promulgation—if that is the correct word—of the regulations should be asked to account for all the points that the committee has identified.

Members indicated agreement.