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Chamber and committees

Subordinate Legislation Committee, 30 Nov 2004

Meeting date: Tuesday, November 30, 2004


Contents


Instruments Subject to Annulment


Instruments Subject <br />to Annulment


Agricultural Holdings (Fees) (Scotland) Order 2004 (SSI 2004/496)

No points arise on the order.


Agricultural Holdings (Forms) (Scotland) Regulations 2004 (SSI 2004/497)

Stewart Stevenson:

I draw attention to my entry in the register of interests, which indicates that I own 3 acres of rough grazing, which are rented to a farmer for up to 364 days a year. I believe that that falls outwith the scope of the order, but I think that it is appropriate to draw your attention to that, convener, in case my judgment is incorrect.

I have a small point to raise in relation to the form. Under schedule 2 of the regulations, provision is not made for the owner who is giving notice that he is about to transfer land to provide his address. Given that the original registration of interest could apply for up to five years prior to the owner giving such notice, it would be appropriate for the form to have the address that is current at the time of giving notice, so that the party or parties who have given notice of interest are able to respond within the timeframe to the owner at his current address.

We should report that very good point to the Executive.

Christine May:

To amplify what Stewart has said I—and I suspect many others in their constituency work—have come across instances where it is impossible to contact landowners because an up-to-date list of addresses is not available. People have therefore missed out being informed on fairly major issues with implications for their particular landholding. If the opportunity arises, the issue could be flagged up in other pieces of subordinate legislation that might need to include an up-to-date address. That would be very welcome, although I do not know how we would do it.

Obviously, I am averse to giving more work to the Executive and I am wondering how that might be flagged up. Perhaps we could do it only with forthcoming orders, but it would be quite useful.

Stewart Stevenson:

I have a general observation based on constituency work and previous legislation in which I have been involved. There is no legal obligation for owners to be registered and that can create a real difficulty. In the case of these regulations, the address is already known and in the public domain, but it might have changed. Christine makes a more general point that is probably well beyond the remit of the Subordinate Legislation Committee, but the committee might be minded to take the opportunity to take cognisance of the issue.

I have a constituency issue where for 10 years it has been impossible to find out the owner of something that matters to a local community. That is to the community's great detriment and it is a very big and complex issue.

We can take up Christine May's point with reference to regulations such as those we are considering. We would like the Executive to consider the issue for future similar instruments.

Murray Tosh:

It might also be appropriate for our legal advisers to reflect on this discussion. As Stewart Stevenson says, it might not be a matter for the committee, but we have discussed some general issues that must be in someone's remit and someone somewhere should scrutinise them. Perhaps the legal advisers could reflect on that and come to a considered and informed position.

The Convener:

We will pass that on to the appropriate committee, which is possibly the Environment and Rural Development Committee. We will find out and pass it on.

A minor error has also been picked up and we will bring that to the Executive's attention.


Sea Fish (Marketing Standards) (Scotland) Regulations 2004 (SSI 2004/498)

No points arise on the regulations.