Official Report 195KB pdf
Individual Learning Account (Scotland) Regulations 2004 (SSI 2004/83)
The second agenda item is Executive responses to points that we have raised on a number of instruments.
I agree that we should do that on all five grounds.
Do I need to read out the grounds from the briefing paper?
We can just take the grounds as read.
Yes. They will appear in the committee's report anyway.
Road Traffic (Parking Adjudicators) (Dundee City Council) Regulations 2004 (SSI 2004/86)
I am smiling because, according to the regulations, Dundee City Council has an amazing number of parking regulations—but there it is.
I am conscious of the business requirement to do this seriously.
The first point that we raised with the Executive on the regulations was that they were not drafted in gender-neutral terms. Christine May might want to comment on the Executive's response.
I thought that it was interesting. The Executive said that gender-neutral terms for such regulations have not been used previously and that the regulations merely replicate the terms that previous regulations have used. However, I do not believe that that is a good enough excuse. Poor drafting is poor drafting. The Executive could have taken on board our point about using gender-neutral terms.
I agree. I am not sure that I follow the Executive's response to our point about using gender-neutral terms. I can understand that it would be easier to amend the terms of an instrument that was not similar to previous instruments. However, despite the Executive's argument about consistency, there must be a break sometime. If we accept the Executive's argument, does that mean that similar regulations must keep using the same terms for the next 100 years? There has to come a point at which the terms in the regulations are changed, so I do not find that a good argument.
The logic, which is particularly bizarre, is that the regulations for Dundee cannot be corrected because the regulations for Aberdeen are written in a different way. One wonders who on earth will ever examine both sets of regulations side by side. People park illegally in one place or the other.
Perhaps those points will be picked up in the 10-year review that we heard about earlier.
We will draw both those matters to the attention of the Parliament and the lead committee.
Road Traffic (Permitted Parking Area and Special Parking Area) (Dundee City Council) Designation Order 2004<br />(SSI 2004/87)
Does anyone have any points?
No. I think that we should just draw the lead committee's attention to the points that have been made.
Okay. Thank you.
Teachers' Superannuation (Scotland) Amendment Regulations 2004 <br />(SSI 2004/89)
Again, we might want to draw the attention of the lead committee and the Parliament to the defective drafting in the regulations, which the Executive has acknowledged, as well as to its explanation for consolidating the regulations.
That is most welcome.
Absolutely.
Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2004 (SSI 2004/91)
Further information was requested and the Executive has supplied it. I suggest that we tell the lead committee.
Okay. We will do that.
Regulation of Care (Fees) (Scotland) Order 2004 (SSI 2004/93)
Similarly, we will draw the lead committee's attention to the fact that the Executive has supplied the further information that was requested.
We will point out the explanation that we have received.
National Health Service (General Ophthalmic Services) (Scotland) Amendment (No 2) Regulations 2004 <br />(SSI 2004/98)
Again, we required an explanation, which has been provided.
We will point that out.
Housing (Scotland) Act 2001 (Alteration of Housing Finance Arrangements) Order 2004 (SSI 2004/105)
This is another order in relation to which the Executive has acknowledged defective drafting. As always, we will draw that to the attention of the lead committee and the Parliament.
Housing (Scotland) Act 2001 (Payments out of Grants for Housing Support Services) Amendment Order 2004 <br />(SSI 2004/108)
The order's meaning could be clearer, as the Executive has acknowledged. An explanation has been provided, which we could report to the lead committee.
Yes.
Rural Stewardship Scheme (Scotland) Amendment Regulations 2004 <br />(SSI 2004/109)
The regulations contain a technical defect, as a result of which they appear to have a retrospective effect, which was not authorised by the enabling act. It is important that we draw that to the lead committee's attention.
Okay. I take it that we are all happy with that.
National Health Service Trusts (Dissolution) (Scotland) Order 2004 <br />(SSI 2004/107)
There has again been an acknowledgement of defective drafting by the Executive. We will draw that to the attention of the appropriate bodies.
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Regulatory Framework Inquiry