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Chamber and committees

Subordinate Legislation Committee, 30 Mar 2004

Meeting date: Tuesday, March 30, 2004


Contents


Executive Responses


Special Waste Amendment (Scotland) Regulations 2004 (SSI 2004/112)

Under item 2 we have a load of Executive responses. Do members have any comments on the regulations?

The Executive has admitted its mistake in the regulations and will produce amending regulations.

We will draw the lead committee's attention to the defective drafting, which the Executive has acknowledged.


National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (SSI 2004/114)

Do members have any comments on the regulations?

We can agree to the recommendations in our briefing paper.

The regulations do not deal with people who are convicted outside the United Kingdom, but the Executive is aware of and says that it will deal with the issue.

We will simply draw that to the attention of the lead committee and the Parliament.


National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 (SSI 2004/115)

The Deputy Convener:

We raised with the Executive the failure to follow proper legislative practice. The Executive's answer was that to do anything other than what it has done would be repetitive. One is tempted to say that that never stopped the Executive in the past. We find the answer a little odd and will draw it to the attention of the lead committee and the Parliament. We will also draw to the lead committee's attention several other matters that concern an apparent retrospective effect that the parent act does not authorise. Is the committee content to do that?

Members indicated agreement.

That was an admirable summation.


National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 (SSI 2004/116)

Do members have any comments on the regulations?

The regulations provide more of the same—more defective drafting. We raised some minor points, many of which the Executive has acknowledged. We will do the same as before and refer those points to the lead committee.

Okay.


Housing (Scotland) Act 2001 (Assistance to Registered Social Landlords and Other Persons) (Grants) Regulations 2004 <br />(SSI 2004/117)

The regulations contain defective drafting, which we will draw to the lead committee's attention.

Agreed.


Dairy Produce Quotas (Scotland) Amendment Regulations 2004 <br />(SSI 2004/118)

The Deputy Convener:

Nothing different arises on the regulations. They contain a bit of defective drafting and a failure to follow normal legislative practice. We asked the Executive for further information, which it has supplied. We will send the whole package of comments to the lead committee and the Parliament.


National Health Service (Tribunal) (Scotland) Amendment Regulations 2004 (SSI 2004/122)

This is another occasion on which we will tell the lead committee and the Parliament that the Executive failed to follow proper legislative practice.

Members indicated agreement.


Criminal Legal Aid (Fixed Payments) (Scotland) Amendment (No 2) Regulations 2004 (SSI 2004/126)

The Deputy Convener:

I must say that I like the first three words of the title of the regulations better than the two words that follow them—I suppose that I should declare an interest. We will point out minor matters about the regulations to the lead committee and the Parliament.


Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No 4) (Scotland) Order 2003 Revocation Order 2004 (SSI 2004/124)<br />Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No 6) (Scotland) Order 2003 Partial Revocation Order 2004 (SSI 2004/125)


Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No 10) (Scotland) Order 2003 Revocation Order 2004 (SSI 2004/129)<br />Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No 2) (Scotland) Order 2003 Revocation Order 2004 (SSI 2004/130)


Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No 5) (Scotland) Order 2003 Revocation Order 2004 (SSI 2004/131)

We have a bundle of instruments on food protection that is made up of our old friends, the amnesic shellfish orders. Members may recollect that a question was asked about maps. What is our position?

Alasdair Morgan:

The Executive has offered to supply sketch maps if necessary. If an order with which a sketch map was provided is totally revoked, a second map is not required to accompany the revocation order. However, a map needs to accompany a partial revocation order, because only the whole area will be outlined in the map with the original order. Sometimes such maps are not detailed, but they would still be useful.

I often find it almost impossible to decipher the relevant areas.

The Deputy Convener:

The Executive has offered to supply sketch maps with revocation orders. We must consider whether we will ask the Executive to supply sketch maps with all the orders or only with the partial revocation order. We have said that such maps are needed only with partial revocation orders. If a whole order is being revoked, people do not need to see the relevant area again.

Of the five orders, only one is a partial revocation order.

Murray Tosh has doubts about the proposal.

Murray Tosh:

Given the sheer number of such instruments, one wonders if there is sometimes scope for confusion about which orders have been revoked. It would be in the interests of whoever reads these things for maps always to be made available. If a map has been produced for the initial order, it cannot be difficult, complex or particularly expensive to reproduce it for the revocation.

I can see that. There are so many revocations that, without maps, people need to be very careful to identify the area to which each applies. On reflection, I would go with that.

Murray Tosh makes a good point—and he actually reads the maps.

I think that the scallop fishermen are very keen to see the maps.

Are they?

I am sure that they are.