Transport and the Environment Committee, 26 Jun 2002

Meeting date: Wednesday, June 26, 2002

Official Report 117KB pdf

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Subordinate Legislation

We have five items of subordinate legislation before us under agenda item 2. The Subordinate Legislation Committee considered one of the items for the second time only yesterday. Before we consider SSI 2002/289, it might be useful for me to update members on its progress.

The Subordinate Legislation Committee noted in its letter of 18 June to the Scottish Executive development department that the term "local service" is defined in section 48(1) of the Transport (Scotland) Act 2001, which is the enabling act, and the committee asked the Executive to explain the purpose of the definition in regulation 2. The Executive responded by stating that the term "local service" is defined in section 48(1) of the enabling act. The Executive therefore accepts that inclusion of that definition in the regulations is unnecessary. However, it does not believe that the inclusion of a definition gives any doubt to the legal effect of the regulations.

We will go through the five items of subordinate legislation one by one. To date, no member has moved a motion to annul any of the instruments.

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Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002 (SSI 2002/276)

Is the committee minded to confirm that it has nothing to report on the regulations?

It would have been useful to have a map with the regulations for information, because a map is part of the process of designating the area.

I am sure that the clerks can tell the Executive that members would have found it useful to have a map with the instrument.

I am still unhappy at the level of designation in the regulations. From the small amount of information that we were given earlier about the Water Environment and Water Services (Scotland) Bill, I think that it might become necessary to change those designations in future. I hope that the Executive will review the designations if the opportunity arises, and keep them under review. I am far from assured that the designations are as they need to be. I think that they are excessive.

We will note your comments. However, is the committee agreed that it has nothing to report on the instrument?

Members indicated agreement.

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New Water and Sewerage Authorities Dissolution (Scotland) Order 2002<br />(SSI 2002/277)

Again, no motion to annul the order has been lodged. Is it agreed that the committee has nothing to report?

Members indicated agreement.

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Bus Service Operators Grant (Scotland) Regulations 2002 (SSI 2002/289)

Will the committee confirm that it has nothing to report on the instrument?

Members indicated agreement.

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Travel Concessions (Eligible Services) (Scotland) Order 2002 (SSI 2002/290)

Do members agree that there is nothing to report?

Members indicated agreement.

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Home Zones (Scotland) (No 2) Regulations 2002 (SSI 2002/292)

Are we agreed that there is nothing to report on the instrument?

Members indicated agreement.

Thank you for that speedy resolution of the subordinate legislation item.