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Scheduled Monuments (Appeals) (Scotland) Regulations 2015 (SSI 2015/231)
Our legal advisers have identified three minor drafting errors with this instrument.
First, regulation 6(4) contains an incorrect cross-reference to “paragraph (4)” of regulation 6. This should instead be a reference to “paragraph (3)” of regulation 6. Secondly, regulation 16(4)(c) refers to
“documents which ... were sent with the planning authority’s response”.
It should instead refer to
“documents which ... were sent with Historic Environment Scotland’s response”.
Thirdly, regulation 17(1) contains an incorrect cross-reference to “regulation 15”. This should instead be a reference to “regulation 16”. The Scottish Government intends to bring forward an amending instrument to correct these errors.
Does the committee agree to draw this instrument to the attention of the Parliament on the general reporting ground as it contains minor drafting errors?
Members indicated agreement.
I also welcome the fact that the Government will bring forward an amending instrument.
Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 (SSI 2015/243)
This instrument also contains a drafting error. Regulation 19(1) provides that
“subject to paragraph (2), the provisions specified in paragraph (2) are revoked”.
The first reference to “paragraph (2)” should be to “paragraph (3)”. The Scottish Government agrees that this is an error but does not plan to amend the regulations at this time.
Does the committee agree to draw this instrument to the attention of the Parliament 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 amend this error at a suitable opportunity in the future?
Members indicated agreement.
St Mary’s Music School (Aided Places) (Scotland) Regulations 2015 (SSI 2015/248)
This instrument has breached the 28-day rule. It was laid before Parliament on 5 June 2015 and will come into force on 1 August 2015, meaning that the requirement to leave a minimum of 28 days, discounting recess periods, between laying and coming into force has not been complied with.
Does the committee agree to draw the instrument to the attention of the Parliament on reporting ground (j), as there has been a failure to observe the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?
Members indicated agreement.
Does the committee agree to accept the Scottish Government’s explanation as to why the instrument could not have been laid earlier than 5 June 2015 and to accept the explanation as to why the commencement date of 1 August was chosen, in light of the start of the academic year?
Members indicated agreement.
Scheduled Monuments (Notification and Publication) (Scotland) Regulations 2015 (SSI 2015/230)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Scheduled Monuments (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Regulations 2015 (SSI 2015/232)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (SSI 2015/249)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.