Instruments not Laid Before the Parliament
Instruments not Laid <br />Before the Parliament
Borders and Dumfries and Galloway National Health Service Trusts (Dissolution) Order 2003 (SSI 2003/189)
The order seems fine.
That means goodbye to four national health service trusts in the Borders and in Dumfries and Galloway.
I think that it is an excellent move.
You said that in a spirit of non-partisanship.
It is just efficient management, convener.
Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Solicitors) 2003 (SSI 2003/194)
The instrument is okay.
That is fine. The Executive is so enthusiastic about giving solicitors 12 per cent more or something like that.
Yes. They will be happy.
Sheep Scab (Shetland Islands) Order 2003 (SSI 2003/202)
We asked the Executive about the peculiar wording in the order. Article 3(2) empowers Shetland Islands Council to make regulations that regulate the movement of sheep:
"to the Shetland Islands on their arrival there".
We know that the Shetlands has Norse connections, so perhaps that wording is an example of Old Norse; on the other hand it might be nonsense. The wording certainly is confusing and because a criminal charge could be associated with not observing the regulations correctly, it is a serious matter. We must draw the order to the attention of the Parliament on the ground that it is seriously defectively drafted. We questioned the Executive about the wording, but it just said that we had misunderstood it. I do not think that we did. If the Executive had used the correct preposition, there would have been no misunderstanding between the committee and the Executive.
It certainly seems odd to regulate the movement of something to a place once it is already there.
Perhaps the word "thereto" should have been used.
Aha!
Oh, dear, it is like old times.
We drew another point about wording to the attention of the Executive. In article 3(3) the words
"For the purposes of paragraph (2)(c) above"
do not seem to serve any useful purpose because article 3(3) does not appear, in any way, to be for the purpose of article 3(2)(c), which is properly stated to be subject to article 3(3). Do members follow that?
I am astonished at your analytical powers, Margo.
Yes, we follow that forensic analysis.
Again, the Executive disagrees with us. We can draw the attention of the Parliament to the order and say that the committee is not completely satisfied with it.
Another important point is that, because a criminal charge could be involved, the regulations must be publicised. However, the order does not specify how, where or by whom the regulations will be publicised. We must also draw that matter to the attention of Parliament. [Interruption.] I apologise. It seems that the Executive has agreed that the regulations should be publicised. The Executive says that section 91(2) of the Animal Health Act 1981 will apply, because it obliges Shetland Islands Council to publicise the regulations in such manner as Scottish ministers may direct and, in the absence of any direction, by newspaper advertisement—so The Shetland Times should tell all about sheep scab.
We can rest content that we have discharged our duty, gentlemen, as far as this morning's subordinate legislation agenda is concerned.
We have one further instrument to deal with, which refers to the Access to Justice Act 1999.
Where is that on the agenda? Did I nearly forget it?
You nearly did. It is called a senior moment.
It is just as well that this is the committee's last meeting. Has anybody ever been sine died from a committee?
Access to Justice Act 1999 (Commencement No 9 and Transitional Provisions) (Scotland) Order 2003 <br />(SSI 2003/207)
I am reliably informed that no points arise on the order that need concern the committee.