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Chamber and committees

Subordinate Legislation Committee, 25 Nov 2003

Meeting date: Tuesday, November 25, 2003


Contents


Instruments Subject to Annulment


Instruments Subject <br />to Annulment


Food (Brazil Nuts) (Emergency Control) (Scotland) Amendment Regulations 2003 (SSI 2003/558)

The Convener:

The Executive has made appropriate amending regulations. Our legal advisers have raised one minor point on the regulations, which we could put in an informal letter. It is simply to do with expressing certain numbers in figures and then in words.

Members will be happy to note that the new regulations will be available free of charge for those who bought a copy the original regulations.

Is that agreed?

Members indicated agreement.


Prohibition of Keeping or Release of Live Fish (Specified Species) (Scotland) Order 2003 (SSI 2003/560)

There is a bit more discussion to be had on this order.

I am fascinated to note that asps are the first species listed that may not be kept. Anyone playing the part of Cleopatra may not have an asp—not a live one, anyway. People cannot keep motherless minnows either.

The list in schedule 1 is indeed extensive.

Alasdair Morgan:

The Scottish Adjacent Waters Boundaries Order 1999 (SI 1999/1126) defined the marine boundaries, following the provisions of the Scotland Act 1998. That was one of the issues that caused immense controversy during the Parliament's first session. It is interesting that it has come back and reared its head again. There is an issue about which definition of the boundaries is used and how that affects pre-devolution enactments referring to Scotland. We need to clarify with the Executive what it thinks is going on in this case.

Christine May:

Having read the order more closely, I am interested to note that footnote (c) specifies the order that defines the "Waters adjacent to Scotland". If there is a question over which definition of Scotland is used, because the waters in question are different from those in the definition of Scotland under the 1998 act, then—

Yes?

Then, why? Sorry—I got lost in that sentence.

I think that you are asking why the definition of Scotland has been included in the order and whether there a specific reason for that.

Yes.

Is it agreed that we ask the Executive about that?

Members indicated agreement.