Official Report 165KB pdf
Instruments Subject <br />to Annulment
National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2006 (SSI 2006/149)
No substantive points arise on the regulations, but there is one point that we can raise with the Executive informally. Is that agreed?
Sewerage Nuisance (Code of Practice) (Scotland) Order 2006 (SSI 2006/155)
Do we want to question the Executive further on its justification for breaching the 21-day rule?
The order is the first of several that breach the 21-day rule. It might be worth while to make a general point to the Executive about that. If there was only one, that would not be particularly worrying, but there are several.
Yes.
To be fair, there are reasonable explanations for some of the other breaches.
Yes, but in this case, there is no explanation.
We can make the general point that a number of instruments breach the 21-day rule. As Stewart Maxwell says, we should highlight the fact that we need more explanation in this case. There is a minor point on the explanatory note, but we can raise that informally. Is that agreed?
Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2006 (SSI 2006/156)
No substantive points arise on the regulations, but there is a minor point that we can raise informally.
Erskine Bridge (Temporary Suspension of Tolls) Order 2006 (SSI 2006/157)
No points arise on the order but, again, it breaches the 21-day rule.
I have no problem with the Executive breaching the 21-day rule for this particular instrument. That is welcome. I just wish that the Executive had suspended the collection of tolls earlier.
Non-Domestic Rates (Levying) (Scotland) (No 2) Regulations 2006 (SSI 2006/158)
The regulations correct a defect in regulation 2 of SSI 2006/124, which we considered and reported on last week. The Executive accepts that the provision is defectively drafted. It has chosen to revoke and remake the instrument in a rectified form. However, it does break the 21-day rule. Are we content?
Although four instruments that break the 21-day rule have come together, they are not in any sense linked. They come from different departments and, in three cases, there is either an explanation or a policy reason that we are happy with. It is only the Sewerage Nuisance (Code of Practice) (Scotland) Order 2006, on which there is not an adequate explanation, that we should raise with the Executive.
I was thinking about that instrument rather than the other ones.
We are quite happy about the breach in respect of the Non-Domestic Rates (Levying) (Scotland) (No 2) Regulations 2006.
It emphasises our point about—
Amendment.
Yes, and the fact that there have been complaints from committee conveners that things go around twice.
Yes—there is double handling.
Building (Forms) (Scotland) Amendment Regulations 2006 (SSI 2006/163)<br />Register of Sasines (Methods of Operation) (Scotland) Regulations 2006 (SSI 2006/164)
Serious Organised Crime and Police Act 2005 (Specified Persons for Financial Reporting Orders) (Scotland) Order 2006 (SSI 2006/170)<br />Mental Health Tribunal for Scotland (Practice and Procedure) (No 2) Amendment Rules 2006 (SSI 2006/171)
Mental Health (Relevant Health Board for Patients Detained in Conditions of Excessive Security) (Scotland) Regulations 2006 (SSI 2006/172)
No points arise on the instruments.