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Chamber and committees

Subordinate Legislation Committee, 25 Sep 2007

Meeting date: Tuesday, September 25, 2007


Contents


Instruments Subject to Annulment


Instruments Subject <br />to Annulment


University of the West of Scotland Order of Council 2007 (SSI 2007/426)

Are members content to write to the Scottish Government about the three issues arising on the order of council that are set out in the summary of recommendations? Do you wish me to read out the recommendations?

They are before us, and I am happy to agree to them.

Ian McKee (Lothians) (SNP):

I had thought that the terms in the instrument were in inverted commas to avoid the words running on into the following sentence. Does that make sense? Article 2 says:

"‘Court of the University of Paisley' means the governing body of the University of Paisley".

Without those inverted commas, the instrument would say that the court of the University of Paisley meant something. Does my point make sense?

Annalee Murphy (Legal Adviser):

In article 2, on interpretation, the defined terms are in inverted commas, as is usual. A point has been raised in relation to articles 3(a) and 3(b), where the terms have already been defined. The terms are used in inverted commas again in those paragraphs, which is unusual.

Ian McKee:

Okay. If we start a sentence with "The University of Paisley means", but without inverted commas, that could be interpreted as if the university was itself meaning to say something, rather than the term "University of Paisley" meaning something. I go along with the explanation, however.

Annalee Murphy:

It is usual drafting to define a term in the way that is done in the interpretation article. After that, because the term has already been defined, the inverted commas are normally omitted. The question, therefore, is why the inverted commas have been included in articles 3(a) and 3(b).

Okay.

With that explanation, are you happy to proceed?

Yes.


Surface Waters (Shellfish) (Classification) (Scotland) Amendment Regulations 2007 (SSI 2007/427)

Are members content to write to the Scottish Government on the seven issues arising on the regulations that are set out in the summary of recommendations?

Members indicated agreement.


Import and Export Restrictions <br />(Foot-and-Mouth Disease) (Scotland) (No 3) Regulations 2007 (SSI 2007/428)

Are members satisfied with the Scottish Government's explanation for the breach of the 21-day rule?

Members indicated agreement.

Are members content to write to the Scottish Government on the five issues arising on the regulations that are set out in the summary of recommendations?

Members indicated agreement.

Are members also content to raise informally with the Scottish Government 11 minor points?

Members indicated agreement.


Plastic Materials and Articles in Contact with Food (Lid Gaskets) (Scotland) Regulations 2007 (SSI 2007/433)

The committee agreed that no points arose on the instrument.