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Chamber and committees

Subordinate Legislation Committee, 27 Oct 2009

Meeting date: Tuesday, October 27, 2009


Contents


Instruments subject to Annulment


<br />Instruments subject <br />to Annulment


Rural Development Contracts<br />(Rural Priorities) (Scotland) Amendment (No 3) Regulations 2009 (SSI 2009/335)

The Convener:

While the preamble to the regulations indicates an intention that the reference in regulation 7(b) to council regulation 834/2007 is a reference to that community instrument as amended from time to time, no such ambulatory reference is made, in the absence of express provision to that effect. The committee welcomes the Government's commitment to correct this error. There is, in the preamble to the regulations, a drafting error in the reference to the title of council regulation 834/2007 but it is not considered that that error affects the validity or the operation of the instrument.

Members indicated agreement.


Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Amendment Order 2009 <br />(SSI 2009/338)

Is the committee content with the order, and with the reasons that the Scottish Government has provided for not complying with the 21-day rule?

Helen Eadie:

I accept that the order corrects serious drafting errors, but it does not meet well with the eye to read that it was laid on 6 October, approved on 7 October and enacted on 10 October. I think that the public, if they did not understand the background to that, might be very puzzled. I hope that there is an explanation to that effect on a website somewhere, because I feel that the fact that those dates follow one another so swiftly does not sit well in the public eye. A narrative needs to be available somewhere so that the public can appreciate the reasons for that.

I thank you for that, because you have put the matter on the record, which serves the interests of keeping information flowing to the public.


Pollution Prevention and Control (Scotland) Amendment Regulations 2009 (SSI 2009/336)<br />Welfare of Animals (Transport) (Scotland) Amendment Regulations 2009<br />(SSI 2009/339)


Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2009 (SSI 2009/340)

The committee agreed that no points arose on the instruments.