Official Report 128KB pdf
Instruments subject <br />to Annulment
National Health Service (Superannuation Scheme, Pension Scheme and Injury Benefits) (Scotland) Amendment (No 2) Regulations 2009 (SSI 2009/208)
Members will be glad that we have moved from primary legislation to instruments subject to annulment.
Members indicated agreement.
Looked After Children (Scotland) Regulations 2009 (SSI 2009/210)
Are we content to accept the explanation that has been provided for the failure to cite section 17(1) of the Children (Scotland) Act 1995 and the erroneous reference to subsections (2) and (3) in the preamble to the regulations, and to note the indication that matters are to be addressed by way of a correction slip?
Members indicated agreement.
Contaminants in Food (Scotland) Regulations 2009 (SSI 2009/215)
Are we content to report the regulations to the lead committee and to the Parliament on the basis that they contain a drafting error in that they fail to identify correctly transitional provisions for the purpose of excluding them from the scope of the offence provision in regulation 3? The committee may also wish to recommend that the Government take steps to correct that error so that the extent of the criminal offences imposed is clear in the regulations. Are members content to do so?
Members indicated agreement.
Knife Dealers (Licence Conditions) <br />Order 2009 (SSI 2009/217)
Are we content to report that an explanation as to the powers used to make the order was sought from the Government and that the committee is satisfied with the response and the order?
Members indicated agreement.
Knife Dealers (Exceptions) Order 2009 <br />(SSI 2009/218)
Are we content to report the order to the lead committee and the Parliament on the ground that its meaning could be clearer in relation to the extent to which persons are to be treated as "qualified to teach" fencing? Clarity is particularly important, as only "qualified" persons who hire, lend or give a fencing sword will be exempt from the requirement to hold a licence, and hiring, lending or giving a sword without a licence is to be a criminal offence from 1 September 2009.
That is important.
Indeed.
Environmental Impact Assessment (Scotland) Amendment Regulations 2009 (SSI 2009/221)
Are we content to report the regulations on the basis that an explanation has been sought and provided by the Scottish Government in relation to regulation 9A, with which the committee is satisfied?
Members indicated agreement.
Marketing of Horticultural Produce (Scotland) Regulations 2009 (SSI 2009/225)
Are we content to report the regulations as set out in the summary of recommendations?
Members indicated agreement.
Seed Potatoes (Scotland) Amendment Regulations 2009 (SSI 2009/226)
Are we content to report the regulations on the grounds that, in relation to the new regulation 8(5)(b) of the Seed Potatoes (Scotland) Regulations 2000 (SSI 2000/201) inserted by regulation 4, as read with the definition of the "region of origin" in regulation 3, we consider that the meaning and effect of that sub-paragraph (b) could be made clearer; and in relation to the new regulation 8(6) inserted by regulation 4, we consider that, having regard to the intended meaning and effect as explained in the Government's response to the committee, the meaning and effect of that paragraph (6) could be made clearer?
Members indicated agreement.
Horse Identification (Scotland) <br />Regulations 2009 (SSI 2009/231)
Are we content to report to the lead committee and to the Parliament that responses have been provided by the Scottish Government to the committee in relation to regulations 4(2), 5(2), 11, 14(4) and 17(2), with which the committee is satisfied?
Members indicated agreement.
Brucellosis (Scotland) Order 2009 <br />(SSI 2009/232)
Are we content to report the order as set out in the summary of recommendations?
Members indicated agreement.