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Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 (SSI 2015/346)
The meaning of the provisions that are contained in the regulations could be clearer in two respects. First, in new regulation 5B of the Private Water Supplies (Scotland) Regulations 2006 (SSI 2006/209), it could be made clearer that the phrase
“a concentration or value which would make the water unwholesome”
refers to water that fails to satisfy the requirements for “wholesome” water in relation to a private water supply for human consumption, as specified in regulation 7 of the 2006 regulations.
Secondly, regulation 11(b)(i) substitutes some words in column (3) of the entry for “total indicative dose”, which is item number 33 in the table in schedule 3 to the 2006 regulations. The substituted words are
“from ‘for’ to the end”,
but “for” occurs twice in the provision, so it is not clear where the substitution should occur. It could be made clearer that the words should be substituted from “for” where it first occurs to the end of the provision.
The Scottish Government has indicated that it proposes to clarify regulation 11(b)(i) by amendment
“at the next suitable opportunity”.
That is understood to mean as and when another reason to amend the 2006 regulations becomes apparent at a later date.
Do members have any comments?
The regulations use the word “unwholesome”, but the original European regulation uses the phrase “wholesome and clean”. It would almost invariably be helpful if, in drafting its instruments to implement European regulations, the Government used exactly the same phrase, unless there is a specific legal reason related to Scots law for using a different phrase. If the Government uses a different phrase, it should provide an explanation for doing so. We are talking about a single instance, but there is a general point to be made about how drafting should be undertaken, so that we avoid having discussions about whether “unwholesome” is the antithesis of “wholesome and clean”, which is not immediately obvious in plain English.
Thank you for those comments.
Does the committee agree to draw the regulations to the Parliament’s attention on reporting ground (h), as the meaning of the provisions could be clearer?
Members indicated agreement.
Does the committee also agree to call on the Scottish Government to clarify both provisions that I mentioned through an amendment as soon as practicable?
Members indicated agreement.
Glasgow Clyde College (Removal and Appointment of Board Members) (Scotland) Order 2015 (SSI 2015/348)
The order fails to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. As the order was laid before the Parliament on 8 October 2015 and came into force later that day, it does not respect the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument. The Cabinet Secretary for Education and Lifelong Learning outlined the reasons for the Scottish Government’s decision to proceed in this manner in her letter to the Presiding Officer dated 8 October 2015.
Does the committee agree to draw the order to the Parliament’s attention under reporting ground (j), as it does not comply with the requirements of section 28(2) of the 2010 act?
Members indicated agreement.
As regards the Scottish Government’s decision to proceed in this manner, does the committee agree to find the failure to comply with section 28 to be acceptable in the circumstances?
Members indicated agreement.
Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015 (SSI 2015/347)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.