Subordinate Legislation Committee

Meeting date: Tuesday, November 8, 2011

Official Report 279KB pdf

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Instruments subject to Negative Procedure

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National Health Service Superannuation Scheme etc (Miscellaneous Amendments) (Scotland) Regulations 2011 (SSI 2011/364)

I welcome members to the 10th meeting in session 4 of the Subordinate Legislation Committee and, as usual, ask members to turn off any mobile phones.

The legal brief notes that the instrument contains drafting errors at regulations 17(b), 41(e) and 104(n). The nature of the errors is not, however, considered to be likely to affect the operation of the instrument. Does the committee therefore agree to draw the instrument to the attention of the Parliament on the general reporting ground?

Members indicated agreement.

In its response to the committee, the Scottish Government indicated that it intends to rectify the errors at the next available opportunity. Does the committee agree to welcome that?

Members indicated agreement.

I am beginning to be boring on this, but it beggars belief that the instrument omits the word “service” from “national health service”.

That was succinctly put. Thank you.

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Highlands and Islands Air Services (Scotland) Act 1980 Amendment Regulations 2011 (SSI 2011/367)

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Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 2011 (SSI 2011/368)

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Ancient Monuments and Archaeological Areas (Compensation) (Scotland) Regulations 2011 (SSI 2011/373)

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Planning (Listed Buildings) (Prescribed Form of Notices) (Scotland) Regulations 2011 (SSI 2011/374)

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Ancient Monuments and Archaeological Areas (Applications for Scheduled Monument Consent) (Scotland) Regulations 2011 (SSI 2011/375)

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Historic Environment (Amendment) (Scotland) Act 2011 (Saving, Transitional and Consequential Provisions) Order 2011 (SSI 2011/377)

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Town and Country Planning (Appeals) (Scotland) Amendment Regulations 2011 (SSI 2011/378)

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Town and Country Planning (Inquiries Procedure) (Scotland) Amendment Rules 2011 (SSI 2011/379)

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Town and Country Planning (Appeals) (Written Submissions Procedure) (Scotland) Revocation Regulations 2011 (SSI 2011/380)

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Planning etc (Scotland) Act 2006 (Listed Buildings) (Saving Provisions) Order 2011 (SSI 2011/381)

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Town and Country Planning (Enforcement of Control) (No 2) (Scotland) Amendment Regulations 2011 (SSI 2011/383)

The committee agreed that no points arose on the instruments.

In relation to the Highlands and Islands Air Services (Scotland) Act 1980 Amendment Regulations 2011 (SSI 2011/367), the committee may wish to note that there has been a considerable delay between the coming into force of European Community regulation 1008/2008 and the making of the amendment to the 1980 act. That delay is a question of policy that the committee may recommend for consideration by the lead committee. Would the committee like to do so?

Members indicated agreement.