Agenda item 2 is subordinate legislation. We have five instruments that are subject to negative procedure to consider. Members have a copy of each in their papers and a cover note from the clerk that summarises them and highlights comments that the Subordinate Legislation Committee wished to draw to our attention. As Mary Scanlon pointed out before the meeting, the instruments are negative instruments rather than “negavite” instruments, as the word is printed on paper HS/S3/10/11/1. Full marks to her for spotting that.
Food Hygiene (Scotland) Amendment Regulations 2010 (SSI/2010/69)
The regulations will amend the Food Hygiene (Scotland) Regulations 2006 by updating the definitions of certain European Union instruments that are referred to in the regulations. Do members have any comments on the regulations?
Not at all. If a cow is being referred to, it should be called that rather than an ungulate.
Forgive me if I am the only member who does not know what the things that I am about to refer to are. I understand that explanatory notes are meant to explain to us exactly what will happen. I appreciate that the instrument is a negative instrument, but I am not sure what a domestic ungulate or a lagomorph is. I understand that those things are being slaughtered in our abattoirs daily, but it would have been helpful if the explanatory note had let us know what they are.
Mary Scanlon gets brownie points for pointing out the spelling error at the top of paper HS/S3/10/11/1 and for getting as far in considering the regulations. We believe that a form of cow is being referred to, but we will try to get a definitive answer to your question. I take it that you are seeking clarification and that you do not want to hold up the regulations because of that.
There may be technical reasons to do with legal definitions why that has not been done. However, it would certainly help if the explanatory note explained why that technical definition was used.
Recovery of Expenditure for the Provision of Social Care Services (Scotland) Regulations 2010 (SSI/2010/72)
The regulations will provide that expenditure that is incurred by an authority that provides services or facilities under arrangements that are made under the Social Work (Scotland) Act 1968, the Children (Scotland) Act 1995 or the Mental Health (Care and Treatment) (Scotland) Act 2003 is recoverable from the authority that has arranged the placement. Members have no comments. Is the committee content to make no recommendation to Parliament on the regulations?
National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2010 (SSI/2010/73)
I am more than happy, if it is helpful, to arrange for the committee to get information about the consultation process and the general process that is undergone annually to arrive at the proposals.
We are much obliged, cabinet secretary.
The disregarded amount is 10p a week per person and 15p a week per couple. I appreciate that it is an annual instrument, but could we ask the minister for information about who was consulted about the instrument and whether those who were consulted agreed with it? It seems to be a pitiful amount.
That is right.
The regulations will amend the National Assistance (Assessment of Resources) Regulations 1992, which concern the assessment of a person’s liability to pay for accommodation that is provided under the Social Work (Scotland) Act 1968. Do members have any comments on the regulations?
I do not know whether anyone present can assist in that matter.
I am not here to answer questions on the instruments, but I am more than happy to comment. Mary Scanlon will correct me if I am wrong—I do not have the instrument in front of me—but I think that the amounts that she referred to are increases in the disregarded amount rather than the disregarded amount itself.
National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2010 (SSI/2010/74)
We move to the next instrument. Under the National Assistance Act 1948, as amended, a local authority is required to make certain assumptions in assessing a person’s liability to pay for accommodation that is provided under the Social Work (Scotland) Act 1968 as well as such sum that is required by them per week for their personal requirements. The regulations will uprate the prescribed levels and sums from 6 April 2010.
Tobacco and Primary Medical Services (Scotland) Act 2010 (Ancillary Provisions) Order 2010 (SSI/2010/77)
If split infinitives were our only problem, convener, the committee would be short lived.
The only concern that I would raise is that, not for the first time, the Government has brought before us subordinate legislation that, in effect, has been enacted before it has complied with the 21-day rule. We have had considerable debate about that in the Subordinate Legislation Committee with Ian McKee, and I gave this order as an example last week, when I was voted down many times by four votes to two. Nevertheless, I made the point then and I make it again: it is not satisfactory for legislation that comes before the Parliament already to have been enacted.
Those points are noted for the record. Are members content not to make any recommendation on the instrument?
We move to the final instrument, which has been made in order to address some unintended consequences of the coming into force of schedule 2 of the Tobacco and Primary Medical Services (Scotland) Act 2010.