Official Report 125KB pdf
Instruments not Laid <br />Before the Parliament
Tobacco Advertising and Promotion Act 2002 (Commencement) (Scotland) Order 2002 (SSI 2002/512)
There is a technical query, the source of which lies in the fact that the matter is reserved, but depends on Scottish ministers to trigger it. That seems odd to me, although others may disagree. However, we should find out why and how that comes about, considering that it might happen again.
I do not see any harm in asking.
We should also ask why it has been made as a statutory instrument. The relevant enabling provision was not in force when the order was made.
That would appear to be a reasonable question to ask. The enabling power was not in place when the order was made.
The Executive is just getting ahead of itself. The problem is just a kink in the regulations that we should point out. The other point was whether the matter is reserved, but it is clear that the legislation allows Scottish ministers to introduce such orders. However, there are difficulties about the timing.
I am just curious, that is all. We will ask those questions.
Meeting closed at 12:00.