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Chamber and committees

Subordinate Legislation Committee

Meeting date: Tuesday, February 22, 2011


Contents


Instruments subject to Annulment


Edinburgh College of Art (Transfer) (Scotland) Order 2011 (SSI 2011/54)

The Convener

We have seen the legal brief. This is a significant matter, so we might want to discuss it. Do we agree to report that there appears to be a doubt whether article 3 is intra vires, in that it purports to regulate the constitution and internal affairs of the University of Edinburgh and that there is doubt as to whether that can properly be said to be incidental, supplementary or ancillary to the closure and winding up of Edinburgh College of Art?

Do we also agree to report that the meaning and effect of article 7 could be clearer, in respect that the order fails to define the Edinburgh College of Art prize fund, to which the article applies—either of new or by the continuation in effect of previous statutory provisions for that purpose—and so it is unclear to what transferred property the conditions imposed by that article apply?

Yes. There appears to be doubt, so it should be brought to the attention of the lead committee.

Yes. The word “doubt” is in the Official Report. We are fulfilling our duty in that we are sending out the signals. Are members happy with that?

Members indicated agreement.


National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011 (SSI 2011/55)

The Convener

There are some drafting errors, which I invite the committee to agree to report on the general reporting ground. Reference to “regulation 3(1)(b)” in paragraphs 1 and 2(3) of the schedule should be to “regulation 3(2)(b)”. Also, the words “are amended as follows” have been omitted from paragraph 5(1) of the schedule. Is that agreed?

Members indicated agreement.


Home Energy Assistance Scheme (Scotland) Amendment Regulations 2011 (SSI 2011/56)


Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Amendment Order 2011 (SSI 2011/59)


Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Amendment Order 2011 (SSI 2011/60)


Scottish Crime and Drug Enforcement Agency (Scotland) Regulations 2011 (SSI 2011/61)


Police Grant (Scotland) Order 2011 (SSI 2011/62)


Local Authority Accounts (Scotland) Amendment Regulations 2011 (SSI 2011/64)


Ayr Road Route (M77) (Speed Limit) Amendment Regulations 2011 (SSI 2011/67)


M8 Motorway (Junction 10 Westerhouse Slip Roads) (Speed Limit) Regulations 2011 (SSI 2011/68)


Glasgow Renfrew Motorway (Stages I and II) (Speed Limit) Amendment Regulations 2011 (SSI 2011/69)


Sea Fishing (Licences and Notices) (Scotland) Regulations 2011 (SSI 2011/70)


Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2011 (SSI 2011/73)


Non-Domestic Rates (Levying) (Scotland) Amendment Regulations 2011 (SSI 2011/74)


Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2011 (SSI 2011/75)


Marine Licensing (Fees) (Scotland) Regulations 2011 (SSI 2011/78)


Marine Licensing (Consultees) (Scotland) Order 2011 (SSI 2011/79)


Marine Licensing (Register of Licensing Information) (Scotland) Regulations 2011 (SSI 2011/80)


Interpretation and Legislative Reform (Scotland) Act 2010 (Savings and Transitional Provisions) Order 2011 (SSI 2011/88)


Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011 (SSI 2011/89)


Road Works (Fixed Penalty) (Scotland) Amendment Regulations 2011 (SSI 2011/92)


Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2011 (SSI 2011/94)


Food (Jelly Mini-Cups) (Emergency Control) (Scotland) Revocation Regulations 2011 (SSI 2011/95)


Roads (Scotland) Act 1984 (Fixed Penalty) Amendment Regulations 2011 (SSI 2011/98)


Food Additives (Scotland) Amendment Regulations 2011 (SSI 2011/99)


Additional Support Needs for Tribunals for Scotland (Appointment of President, Conveners and Members and Disqualification) Amendment Regulations 2011 (SSI 2011/103)


Additional Support Needs Tribunals for Scotland (Disability Claims Procedure) Rules 2011 (SSI 2011/104)


Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules 2011 (SSI 2011/105)


Health Professions Council (Registration and Fees) (Amendment) (No2) Rules 2010 Order of Council 2011 (SI 2011/210)

The Convener



The committee agreed that no points arose on the instruments.

Can we note and welcome that regulation 7 of SSI 2011/73 makes some drafting clarifications to regulation 10 of the Less Favoured Area Support Scheme (Scotland) Regulations 2010 (SSI 2010/273), in response to our report on those regulations?

Members indicated agreement.