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Products Containing Meat etc (Scotland) Regulations 2014 (SSI 2014/289)
Agenda item 2 is instruments subject to negative procedure.
In the first instrument, regulation 7 applies various provisions of the Food Safety Act 1990 for the purposes of the regulations. The Scottish Government intends that section 22 of that act will also be applied, but reference to that section is omitted. Section 22 specifies certain circumstances that provide a defence for a person who would otherwise commit an offence under the act consisting of the advertisement for sale of food.
Does the committee therefore agree to draw the instrument to the Parliament’s attention on reporting ground (i), as regulation 7 appears to be defectively drafted in that it omits references to section 22 of the Food Safety Act 1990?
Members indicated agreement.
This should be dealt with as a matter of urgency. I hope that we will impress that on the Government, to allow the due process of law to carry on.
Indeed.
Does the committee agree to note, however, that the Scottish Government has undertaken to amend the provision at the earliest opportunity? I think that we are saying that the earliest opportunity might be very soon.
I certainly hope that it will be sooner rather than later.
I have a drafting observation on the schedule, which gives the required percentages of meat in various products and in various circumstances. Item 5 in the table, which relates to corned beef and so on, gives the figure of 120 per cent, but that is explained only by a note four pages later. In future, when the Government uses percentages of more than 100 per cent, it would aid the comprehension of people who read such instruments to put the note that explains why the figure exceeds 100 per cent—as it properly does in this case—adjacent to that figure.
Indeed.
Charities Accounts (Scotland) Amendment Regulations 2014 (SSI 2014/295)
This instrument contains some minor drafting errors.
First, regulations 3(a) and (b) refer to an inaccurate date of issue for the two statements of recommended practice for accounting and reporting by charities—the date of issue should be 16 July 2014. Secondly, regulation 4(a) refers to an inaccurate document name and date of issue—the regulation should refer to the “Statement of Recommended Practice: Accounting for Further and Higher Education” issued on 17 September 2014. Finally, regulation 4(b) refers to an inaccurate document name and date of issue—the regulation should refer to the “Statement of Recommended Practice for registered social housing providers” issued on 24 September 2014.
Does the committee agree to draw the instrument to the attention of the Parliament on the general reporting ground as it contains minor drafting errors?
Members indicated agreement.
Does the committee agree to note, however, that the Scottish Government will correct those minor errors by amendment in due course?
Members indicated agreement.
Town and Country Planning (General Permitted Development) (Scotland) Amendment (No 2) Order 2014 (SSI 2014/300)
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment (No 2) Regulations 2014 (SSI 2014/301)
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.
Civil Partnership (Prescribed Bodies) (Scotland) Regulations 2014 (SSI 2014/303)
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.
Same Sex Marriage (Prescribed Bodies) (Scotland) Regulations 2014 (SSI 2014/305)
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.
Marriage and Civil Partnership (Prescribed Forms) (Scotland) Regulations 2014 (SSI 2014/306)
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.
Public Bodies (Joint Working) (Health Professionals and Social Care Professionals) (Scotland) Regulations 2014 (SSI 2014/307)
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.
Public Bodies (Joint Working) (Membership of Strategic Planning Group) (Scotland) Regulations 2014 (SSI 2014/308)
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.
Looked After Children (Scotland) Amendment Regulations 2014 (SSI 2014/310)
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.
Notice of Potential Liability for Costs (Discharge Notice) (Scotland) Order 2014 (SSI 2014/313)
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.