Instruments Subject <br />to Annulment
Seed Potatoes (Fees) (Scotland) Amendment Regulations 2006 <br />(SSI 2006/264)<br />Planning (National Security Directions and Appointed Representatives) (Scotland) Rules 2006 (SSI 2006/265)
No points arise on the instruments. Do members want to comment?
No.
Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Amendment) (Scotland) Regulations 2006 (SSI 2006/266)<br />Planning and Compulsory Purchase Act 2004 (Transitional Provisions) (Scotland) Order 2006 (SSI 2006/269)
Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Order 2006 (SSI 2006/270)
We consider a package of instruments on planning.
A larger number of queries than we would expect arise on the regulations. Some points are relatively minor, but others are quite serious and affect the vires of the regulations. We should flag up all the points in a letter to the Executive.
Yes. The legal adviser notes that the instruments have been "carelessly drafted".
I am sure that the legal adviser considered this, but the Planning and Compulsory Purchase Act 2004 removed from Scots law Crown immunity from planning controls for development. The Parliament agreed to a Sewel motion on the matter. The regulations make reference to the enabling power.
We will write to the Executive as Ken Macintosh suggested.
Regulation of Care (Applications and Provision of Advice) (Scotland) Amendment Order 2006 (SSI 2006/272)
The legal adviser suggests that we consider asking the Executive to explain the purpose of the citation, as an enabling power, of section 14(3) of the Regulation of Care (Scotland) Act 2001, given that that section does not appear to be relevant to the making of the order. We might also press the Executive further on consolidation.
The order is the fourth substantive amendment of the principal order.
It is always worth asking about consolidation after there have been four such amendments.
I thought that the general rule was to consolidate after five amending instruments have been made.
That is the general rule.
We could point out that this is the fourth amending instrument.
That would do no harm. There is also a minor point on the order. Do members have any other comments?
No.
Regulation of Care (Fees) (Scotland) Amendment Order 2006 (SSI 2006/273)
No substantive points arise on the order, although a minor point has been identified.
Regulation of Care (Requirements as to Care Services) (Scotland) Amendment Regulations 2006 (SSI 2006/274)<br />Robert Gordon University (Establishment) (Scotland) Order 2006 (SSI 2006/276)
No points arise on the instruments. Are members content?
Designation of Institutions of Higher Education (Scotland) Order 2006 <br />(SSI 2006/279)
My brief suggests that we ask why article 3 omits words that are not in the 1992 order—it is not clear to me what that means.
I do not get that, either.
The brief could have been clearer. Article 3 removes from the Designation of Institutions of Higher Education (Scotland) Order 1992 (SI 1992/1025) words that do not actually appear in the order.
I understand now.
Okay. Minor points also arise on the order.
Scotland Act 1998 (Agency Arrangements) (Specification) Order 2006 (SI 2006/1251)
No points arise on the order. Murray Tosh looks as if he has a problem. Do you want to comment?
No. We are just having a sub-committee meeting on a point of detail.