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Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No 2) Regulations 2006 (draft)
Although we were content with the regulations, we asked the Executive whether it had any plans to consolidate the various regulations. It has replied that it intends to consolidate them at the earliest possible opportunity. Are members content to pass that response to the lead committee and the Parliament?
Rice Products (Restriction on First Placing on the Market) (Scotland) Regulations 2006 (SSI 2006/542)
The committee noted that the enforcement procedures set out in the regulations are not the same as those in the equivalent English regulations and asked the Executive two specific questions on that matter. We have now received a response from the Food Standards Agency Scotland. Members will note that the English regulations impose only a general duty on local authorities to execute and enforce the regulations and the European Commission decision, whereas the Scottish regulations impose a comprehensive duty on local authorities to execute and enforce both.
I raised this question, and I welcome the explanation of the difference between the two sets of regulations. I was not pushing for the regulations to be exactly the same; I simply wanted to understand why they had different formats and to ensure that the regulations covered any problems that might emerge under articles 3 and 4 of the Commission decision. The FSA has helpfully addressed the matter.
We will draw the Executive's response to the attention of the lead committee and the Parliament.
EC Fertilisers (Scotland) Regulations 2006 (SSI 2006/543)
We asked the Executive four questions on the regulations. If members have no comments on the response, I suggest that we draw it to the attention of the lead committee and the Parliament that, given that it is not clear whether regulations 7(c) and 8(c) properly implement obligations under European Community legislation, the regulations might well raise a devolution issue; that, unlike their English counterparts, the regulations were not accompanied by a transposition note; and that further information was requested from and supplied by the Executive on the due diligence defence. Are members happy with that course of action?
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