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We will consider four instruments that are subject to the negative procedure. The instruments were circulated to members on Monday 18 March.
Non-Domestic Rate (Scotland) Order 2002 (SSI 2002/89)
The Subordinate Legislation Committee's report on the Non-Domestic Rate (Scotland) Order 2002 has been included with members' papers. That committee did not consider that the attention of the Parliament needed to be drawn to the instrument. No motions to annul have been lodged and no other action can be taken on the instrument. Are we agreed that the committee has no recommendation to make on the order?
Before I move on to the second instrument, I welcome Elaine Thomson, who is the new member of the committee.
Thank you, convener. I apologise for my tardy arrival. I will try to do better in future.
Excellent.
Non-Domestic Rates (Levying) (Scotland) Regulations 2002 (SSI 2002/91)
The Subordinate Legislation Committee draws this committee's attention to the Non-Domestic Rates (Levying) (Scotland) Regulations 2002 on the ground of defective drafting. Regulation 2 contains a definition of "the 2000 Regulations" but there is no reference in the regulations to the 2000 regulations. The Executive's response indicates that that is a mistake—we may not hear such an admission again—but that the mistake should not prejudice the practical operation of the regulations. No motions to annul have been lodged and no other action can be taken on the instrument. I can see Tricia Marwick and Sandra White trying to catch my eye.
The Executive has acknowledged the imperfect drafting and I am grateful for the assurance that the mistake will have no practical effect on the instrument. However, will the Executive correct the imperfect drafting before the instrument comes into force?
As I understand it, that will not be necessary. Is that correct, Eugene?
Yes, that is correct.
The mistake does not affect the instrument in any way.
I accept the Executive's assurance that the mistake does not affect the instrument but, when there is acknowledgement of imperfect drafting, there is surely a requirement on the Executive to go away and perfect the imperfections.
Eugene Windsor informs me that, in order to do that, the Executive would have to take the instrument out of the system, so to speak, and redraft it. That would clearly take time. Because the mistake does not have any effect, our recommendation—and indeed that of the Subordinate Legislation Committee—is that the instrument can go through as it is.
Would it be possible for the Local Government Committee to point out to the Executive that, like the Subordinate Legislation Committee, we would like the drafting to be a bit more perfect in future?
Eugene Windsor points out that, in its report on the instrument, the Subordinate Legislation Committee states that
No, that is fine.
Sandra?
My point was exactly the same as Tricia Marwick's and you have clarified it.
Are there any other points? I tell you, I always have a hard time when I take the convener's chair.
Hard time? That was nothing.
It is because you are too nice.
If there are no further comments, are we agreed that the Local Government Committee has no recommendation to make on the regulations?
Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2002 (SSI 2002/101)
The Subordinate Legislation Committee did not consider that the attention of the Parliament need be drawn to the Council Tax (Exempt Dwellings) (Scotland) Amendment Order 2002. No motions to annul have been lodged and no other action can be taken on the instrument. If there are no comments, are we agreed that the Local Government Committee has no recommendation to make on the order?
Council Tax (Dwellings and Part Residential Subjects) (Scotland) Amendment Regulations 2002<br />(SSI 2002/102)
Finally, we come to the Council Tax (Dwellings and Part Residential Subjects) (Scotland) Amendment Regulations 2002. The Subordinate Legislation Committee again did not consider that the attention of the Parliament need be drawn to the instrument. No motions to annul have been lodged and no other action can be taken on the instrument. If there are no comments, are we agreed that the Local Government Committee has no recommendation to make on the regulations?
Meeting continued in private until 15:34.
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