Official Report 490KB pdf
Sea Fishing (EU Control Measures) (Scotland) Order 2015 (SSI 2015/320)
The instrument contains an unclear provision. Article 23(1)(a) could more clearly provide that a court is not enabled to order the detention of a boat, its gear and catch for a period after the date when a fine is paid, the purpose of the detention being the recovery of the fine.
The instrument also contains a drafting error. In part 1 of the schedule, at inserted entry 1(da), column 3 of the table specifies a requirement in relation to EU fishing boats with an overall length of 10m or more, the contravention of which requirement constitutes an offence. The requirement at (b) is to submit the “landing obligation” as soon as possible, but that should refer to a “landing declaration”.
Does the committee agree to draw the instrument to the Parliament’s attention on reporting ground (h), as the meaning of article 23(1)(a) could be clearer, and on the general reporting ground, as it contains a drafting error?
Members indicated agreement.
Does the committee also agree to call on the Scottish Government to lay an amendment to correct those matters in due course?
Members indicated agreement.
Land and Buildings Transaction Tax (Open-ended Investment Companies) (Scotland) Regulations 2015 (SSI 2015/322)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Amendment Order 2015 (SSI 2015/323)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Police Pension Scheme (Scotland) Amendment Regulations 2015 (SSI 2015/325)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Scheduled Monuments and Listed Buildings (Miscellaneous Amendments) (Scotland) Regulations 2015 (SSI 2015/328)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.