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Chamber and committees

Subordinate Legislation Committee, 31 Mar 2009

Meeting date: Tuesday, March 31, 2009


Contents


Instruments subject to Annulment


Instruments subject <br />to Annulment


European Communities (European Order for Payment) (Scotland) Regulations 2009 (SSI 2009/99)

The Convener:

Are members content to draw the regulations to the attention of the lead committee and the Parliament in relation to the form and content of the preamble, in so far as there is set out there the purpose of the regulations without there being any apparent basis or need to have done so, and that that represents a failure to follow normal drafting practice with regard to preambles to instruments? Shall we pull the Government up on poor drafting?

Members indicated agreement.


Regulation of Care (Fitness of Employees in Relation to Care Services) (Scotland) (No 2) Regulations 2009 (SSI 2009/118)

The Convener:

There are two questions on the regulations. First, are members content to draw the regulations to the attention of the Parliament on the ground that there has been a failure on the part of the Scottish Government to follow normal drafting practice in that one of the relevant enabling powers—section 29(10) of the Regulation of Care (Scotland) Act 2001—was not referred to in the preamble? There is a bit of a discrepancy that could be tidied up.

Members indicated agreement.

The Convener:

Secondly, are members content to report to the Parliament that the committee finds satisfactory for its interests the explanation, given by the Scottish Government in its letter to the Presiding Officer dated 23 March 2009, for the failure to comply with article 10(2) of the Scotland Act (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (SSI 1999/1096)?

Members indicated agreement.


Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2009 (SSI 2009/112)<br />Building (Procedure) (Scotland) Amendment Regulations 2009 <br />(SSI 2009/117)


Building (Scotland) Amendment Regulations 2009 (SSI 2009/119)

The committee agreed that no points arose on the instruments.