Subordinate Legislation Committee, 25 Oct 2005

Meeting date: Tuesday, October 25, 2005

Official Report 143KB pdf

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Instruments Subject to Annulment

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Instruments Subject <br />to Annulment

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Tryptophan in Food (Scotland) Regulations 2005 (SSI 2005/479)

We move on to agenda item 6. The first set of regulations that is subject to annulment consolidates with amendments, and revokes, the Tryptophan in Food (Scotland) Regulations 1990 (SI 1990/1792). It also revokes provisions that amended the 1990 regulations. However, amendments that the Food Safety Act (Consequential Modifications) (Scotland) Order 1990 (SI 1990/2625) made have not been revoked. We might want to ask the Food Standards Agency Scotland why that is the case. Is that agreed?

Members indicated agreement.

In asking that question, will we ask the FSA specifically whether it is aware that, under our constitutional arrangements, the revocation of redundant orders is expected?

Yes.

This is relevant to much of the work that we have been doing on the tidying up of legislation, and the difficulty that the user has in understanding it. The regulations are a classic example of the Executive doing the wrong thing, in my opinion.

The legal brief says that the Food Standards Agency might have used the English order as the basis for the regulations; that might be the cause of the problem. It is not the first time that this has happened, particularly with the FSA. We have had similar problems before. I do not know whether it is worth writing to the FSA to ask it to explain, but it seems clear that it has just lifted the wording of the English order and that that is why the mistake has happened.

We can ask that.

A minor point has also been mentioned in the legal brief. We can take that up in an informal letter.

Quite a few minor points have arisen on the remainder of the instruments that we have to consider today. Are members agreed that we will raise those points in an informal letter to the Executive?

Members indicated agreement.

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Reporting of Prices of Milk Products (Scotland) Regulations 2005 (SSI 2005/484)<br />Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc) Amendment (Scotland) Regulations 2005 (SSI 2005/486)

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Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005 <br />(SSI 2005/494)<br />Police Pensions (Part-time Service) Amendment (Scotland) Regulations 2005 (SSI 2005/495)

Are members agreed that no substantive points have arisen on the regulations?

Members indicated agreement.

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Salmonella in Broiler Flocks (Sampling Powers) (Scotland) Regulations 2005 <br />(SSI 2005/496)

I have to declare a wee bit of an interest because I am on the cross-party group on animal welfare and I have raised the issue previously. However, no points have arisen on the regulations.

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Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005 (SSI 2005/501)

There are no substantive points to make about the regulations, but it is worth saying that the Executive note that accompanies the regulations is detailed and helpful.

Give the Executive a pat on the back.

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Animals and Animal Products (Import and Export) (Scotland) Amendment (No 2) Regulations 2005 (SSI 2005/502)

No substantive points have arisen on the regulations.

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Food Hygiene (Scotland) Regulations 2005 (SSI 2005/505)

There are a number of issues to consider in relation to the regulations. First, we should ask the Executive to explain the legal basis of regulation 24, given that it provides for a code of practice that has legislative effect, and given the restriction of the enabling power by paragraph 1(c) of schedule 2 to the European Communities Act 1972—section 2(2) of which is the enabling power.

Secondly, we will ask the Executive to confirm that all necessary permissions required under European Community legislation have been obtained in respect of the domestic provisions contained in the regulations, particularly those on the ban on the sale of raw milk. Thirdly, we will ask for confirmation that regulation 23, as drafted, is sufficient to achieve its stated purpose. Members will note that a fuller adaptation of section 9 of the Food Safety Act 1990 has been required when it has been applied for the purposes of other regulations.

Do members have any other points on the regulations, or require any further explanation of the points that we are going to raise?

No.

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Pollution Prevention and Control (Public Participation etc) (Scotland) Regulations 2005 (SSI 2005/510)<br />National Health Service (Superannuation Scheme, Injury Benefits and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2005 (SSI 2005/512)

No points have arisen on the regulations but the Executive has indicated that it is planning to consolidate them.

We have obviously got the Executive rattled.