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Chamber and committees

Subordinate Legislation Committee, 23 Nov 2004

Meeting date: Tuesday, November 23, 2004


Contents


Draft Guidance Subject to Annulment


Draft Guidance Subject <br />to Annulment


Scottish Environment Protection Agency (SEPA) and Sustainable Development, Statutory Guidance to SEPA made under Section 31 of the Environment Act 1995 (SE/2004/257)

The Convener:

We now to come item 4. No big points arise. The only point that has been raised is about the reference to "prorogation", which is not a term that we use, and the need to insert the term "recess". In fact, the quicker that that is done, the better, as the recess period has implications for the orders. Is the committee agreed that that recommendation is acted on?

For the sake of the record can we ask what mechanism is available—I suppose that it would be the House of Commons—to amend the legislation in question? Perhaps our legal adviser could advise the committee on that.

Margaret Macdonald (Legal Adviser):

It would be a consequential modification order under the Scotland Act 1998.

That is a relatively straightforward procedure.

Margaret Macdonald:

Yes, fairly straightforward. I do not know how long it would take.

Our legal advice is that we suggest that that is put in motion and that the matter should not just be left. Are we agreed on that?

Members indicated agreement.