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Chamber and committees

Subordinate Legislation Committee

Meeting date: Tuesday, October 26, 2010


Contents


Instruments subject to Annulment


Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2010 (SSI 2010/343)

The Convener

The committee may wish to report the amendment regulations on the general ground, in that the Government has failed to follow proper drafting practice. We do not dispute that the effect of the amendment regulations is to make ambulatory the references to the new European Union provisions inserted by them into the principal regulations. However, in making new ambulatory references by virtue of the amendment regulations, whether achieved by a gloss or not, the power in paragraph 1A of schedule 2 to the European Communities Act 1972 must have been exercised by the amendment regulations. Accordingly, it would have been proper practice to refer to that in the preamble and to explain whether the necessity or expediency tests were considered to be satisfied in this case. That is necessary to assist parliamentary scrutiny of the reason for making ambulatory references. Does the committee agree to report on the amendment regulations in those terms?

Members indicated agreement.


Protection of Vulnerable Groups (Scotland) Act 2007 (Corresponding Disqualifications) Order 2010 (SSI 2010/346)


East Dunbartonshire Council Area and Glasgow City Council Area (Princes Gate and Greenacres by Robroyston) Boundaries Alteration Order (SSI 2010/353)


Foodstuffs Suitable for People Intolerant to Gluten (Scotland) Regulations 2010 (SSI 2010/355)


Mental Welfare Commission for Scotland (Qualifications, Training and Experience of Medical Visitors) Regulations 2010 (SSI 2010/356)



The committee agreed that no points arose on the instruments.