Subordinate Legislation Committee

Meeting date: Tuesday, March 23, 2010

Official Report 271KB pdf

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Instruments subject to Annulment

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National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (SSI 2010/86)

Do we agree to report the regulations on the ground of defective drafting, as set out in our summary of recommendations?

Members indicated agreement.

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Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2010 (SSI 2010/89)

Again, do we agree to report the regulations on the ground of defective drafting, as set out in our summary of recommendations?

Members indicated agreement.

We welcome the Government’s promise to lay a corrective instrument to resolve the errors in the regulations prior to their coming into force. That is a good move.

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Water Quality (Scotland) Regulations 2010 (SSI 2010/95)

Does the committee agree to report that the regulations do not follow normal legislative practice? Although paragraph 2 of schedule 2 to the European Communities Act 1972 provides a choice of draft affirmative or negative procedure, the exercise, under section 2(2) of the 1972 act, of powers that include the amendment of primary legislation and the creation of new offences should normally select draft affirmative procedure as appropriate for parliamentary scrutiny. However, on 2 March, the committee took evidence on the regulations from Roseanna Cunningham, who explained why it is necessary to choose negative procedure in this case. Are we therefore content to report that to the lead committee?

Members indicated agreement.

I am content, if we add the caveat that it would be helpful if in future the Government supplied a transposition note in a similar situation.

That is worthy advice. That is now on the record.

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Parking Attendants (Wearing of Uniforms) (Renfrewshire Council Parking Area) Regulations 2010 (SSI 2010/97)

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Road Traffic (Parking Adjudicators) (Renfrewshire Council) Regulations 2010 (SSI 2010/98)

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Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010 (SSI 2010/100)

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Home Energy Assistance Scheme (Scotland) Amendment Regulations 2010 (SSI 2010/110)

The committee agreed that no points arose on the instruments.

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Local Government (Allowances and Expenses) (Scotland) Amendment (No 2) Regulations 2010 (SSI 2010/111)

The regulations breached the 21-day rule. Are we content with the reasons given for the breach and with the regulations?

Members indicated agreement.