Subordinate Legislation Committee, 25 Jun 2002

Meeting date: Tuesday, June 25, 2002

Official Report 179KB pdf

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Executive Responses

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Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2002 (SSI 2002/271)

The Executive has given a helpful response, which is wider than we expected or asked for. There are no further points on the regulations.

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Extensification Payment (Scotland) Regulations 2002 (SSI 2002/278)

I think that the word "extensification" is made up. Where did it come from?

We can write a friendly letter to the Executive asking what the word means.

No, we do not have to do that. I am sure that it is a word.

Okay. In general, the response from the Executive is helpful; it acknowledges that there was defective drafting.

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Animal By-Products (Identification) Amendment (Scotland) Regulations 2002 (SSI 2002/283)

The regulations are like a sketch from "Monty Python's Flying Circus". The suspect was found dead on arrival at the slaughterhouse.

The regulations are about dead hens or parrots or whatever.

I suppose that it is possible that "carcase" means the body of an animal, as distinct from the wings and other bits, although those bits would be dead as well.

It is usually a pretty reliable guide that an animal is dead when its head is off.

That would be a headless chicken.

Let us wrap the matter up. There is a need for consolidation of regulations on the matter as soon as possible.

You took the words right out of my mouth.

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Teachers' Superannuation (Scotland) Amendment Regulations 2002<br />(SSI 2002/288)

The Executive said that it will consolidate the legislation, but it did not say when.

We live in hope.

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Bus Service Operators Grant (Scotland) Regulations 2002 (SSI 2002/289)

There is still a question whether the regulations are drafted properly, which we should draw to the Executive's attention. We queried the term "local service" and asked the Executive to explain the purpose of the definition in regulation 2. The Executive accepts that the inclusion of the term "local service" is unnecessary, but it asks us nicely why we are bothered about that because it has no real effect.

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Advisory Council (Establishment) (Scotland) Regulations 2002 (SSI 2002/293)

There is a technical point: the regulations might not be intra vires. We will draw that to the attention of the lead committee.

I remember that we had a fairly long discussion about the appointment of the members and convener of the advisory council. The regulations do not state how the convener is to be appointed. The Executive's answer does not clear up the question greatly. We should draw the matter to the attention of the lead committee—we do not have time to do anything else.

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Transport (Scotland) Act 2001 (Commencement No 3 and Transitional Provisions) Order 2002 (SSI 2002/291)

It is nice that there was a convivial meeting on the order.

It was not very convivial, if there was only "one pint".

What do you mean?

There is a drafting error in paragraph 42 of the legal brief.

Oh dear. So we made a wee mistake.

We cannot trust your typing, Margo.

The official reporter will find it difficult to interpret this conversation.

There will be no difficulty if we read out the legal brief, which states:

"The Committee raised one pint with the Executive on this instrument."

That is where the reference to conviviality comes in.

As if the committee would do that. There might still be defective drafting in the order, but we can draw that to the attention of the lead committee.

Guess when the next meeting of the committee will be.

September.

No. You all have to come back every week during recess. Actually, the next meeting will be on 3 September.

I miss you already.

I thank members for attending this and all the other meetings this year.

Meeting closed at 12:36.