Subordinate Legislation Committee, 22 Feb 2005

Meeting date: Tuesday, February 22, 2005

Official Report 101KB pdf

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Executive Response

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Landfill Allowances Scheme (Scotland) Regulations 2005 (draft)

Agenda item 2 concerns the draft Landfill Allowances Scheme (Scotland) Regulations 2005. We asked the Executive for clarification on two points, the first of which was the meaning and effect of the definition of "P" in regulations 19(3) and 19(4). I am open to comments from members, but I suggest that we draw the attention of the lead committee and the Parliament to the fact that the Executive response has provided the clarification that we requested. Are members content?

Members indicated agreement.

Adam Ingram has just arrived. If he sits down quickly, he will be able to join in the proceedings before we finish. That said, he will have to be very nimble.

The second point of clarification relates to the question we asked whether, in the definition in regulation 2(1), the European Commission directive was cited correctly. Do members agree that the error falls into the category of a printing error? If so, do members further agree that we should deal with the error in the way that the Executive suggests?

It is sensible to accept that the error is a printing error. Instead of asking for the instrument to be withdrawn and redrafted, we should allow the Executive to amend the regulation. It seems daft to do otherwise.

Absolutely. If people put their hands up and say that a printing error has been made and that they will fix it, it seems pretty churlish to say anything else. Are members content with that action?

Members indicated agreement.