Rural Affairs and Environment Committee, 22 Jun 2009

Meeting date: Monday, June 22, 2009

Official Report 241KB pdf

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Subordinate Legislation

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Radioactive Contaminated Land (Scotland) Amendment Regulations 2009<br />(SSI 2009/202)

Item 2 is consideration of a negative instrument. The Subordinate Legislation Committee had no comment to make on the regulations, no member of this committee raised any concerns about them in advance, and no motion to annul has been lodged. Do members have any comments to make on the regulations?

The letter from the Cabinet Secretary for Rural Affairs and the Environment says:

"The Subordinate Legislation Committee … asked the Scottish Government for clarification in respect of the functions of Local Authorities and SEPA".

It appears that, although no transfer of functions is involved, a clarification of roles was sought. It is perhaps strange then that the Government consulted only the Scottish Environment Protection Agency and did not consult the Convention of Scottish Local Authorities or local authorities. That does not necessarily affect the implications of the regulations; nevertheless, it is strange that it does not appear that there was any contact with COSLA.

Do you want us to do anything about that?

I suspect that the time for doing anything about it has passed.

We could write to the minister if you want us to do so.

We could get an explanation about why only SEPA was contacted and consulted. We can at least clarify with COSLA that it was aware that the measure was being taken.

We can do that. Perhaps COSLA was consulted but that is not mentioned in the letter.

Aside from that, do members agree that the committee has no recommendation to make in relation to the regulations?

Members indicated agreement.