Official Report 115KB pdf
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)
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.
We should report that very good point to the Executive.
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.
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.
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.
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.
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.
Sea Fish (Marketing Standards) (Scotland) Regulations 2004 (SSI 2004/498)
No points arise on the regulations.