Subordinate Legislation Committee

Meeting date: Tuesday, May 29, 2012

Official Report 262KB pdf

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Instruments subject to Negative Procedure

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Fire and Rescue Services (Framework) (Scotland) Order 2012 (SSI 2012/146)

The order appears to be defective, as it purports to bring into effect a document entitled

“Transitional Fire and Rescue Framework for Scotland 2012”,

which it says was published “in June 2012”. However, no such document exists.

It appears that the order was intended to bring into effect a document of that name that was published on 18 May 2012, but the order does not properly identify that document. The committee may consider that, for the order to have proper effect, it is necessary that it properly identify the intended document.

Does the committee therefore agree to draw the order to the attention of the Parliament under reporting ground (i), as its drafting appears to be defective?

Members indicated agreement.

The committee might also be concerned by the proposal from the Scottish Government that the issue might be resolved by re-publishing the framework document in June 2012, as the Parliament would then be required to consider an order that gives effect to a document to be published in June 2012 without having seen the final published version of that document.

I am concerned by the Scottish Government’s proposal. At its most fundamental, it would deny this committee and therefore the Parliament the right to scrutinise what it would be bringing forward in place of what this obviously defective draft order brings forward today. I think that the Government should go back to the beginning, revoke the order and make a new order that gives effect to the framework document that was published on 18 May. What we have here is an unholy mess—a boorach is how it might best be described. I think that we should start again.

Thank you, John. Your comments are noted. We are basically asking for the lead committee to look at it again.

Others may have views.

Does anybody have any other comments?

Members: No.

Does the committee agree to draw the proposal to the attention of the lead committee?

Members indicated agreement.

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A823(M) Pitreavie Spur Trunk Road (Variable Speed Limits) Regulations 2012 (SSI 2012/145)

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M9/A90/M90 Trunk Road (Kirkliston to Halbeath) (Variable Speed Limits and Actively Managed Hard Shoulder) Regulations 2012 (SSI 2012/147)

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Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2012 (SSI 2012/151)

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Licensed Legal Services (Complaints and Compensation Arrangements) (Scotland) Regulations 2012 (SSI 2012/153)

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Licensed Legal Services (Maximum Penalty and Interest in respect of Approved Regulators) (Scotland) Regulations 2012 (SSI 2012/155)

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Snares (Training) (Scotland) (No 2) Order 2012 (SSI 2012/161)

The committee agreed that no points arose on the instruments.

I welcome the speedy correction of the Snares (Training) (Scotland) Order 2012 (SSI 2012/124), which was brought before us three weeks ago. I spoke on SSI 2012/124 and I am pleased to see that the Government has lodged an amended order so quickly.

Does the rest of the committee agree with John Scott’s sentiments?

Members indicated agreement.

At this point, I hand over to the convener.

I thank the deputy convener for taking the chair in my absence while I was attending the Public Petitions Committee.