Environment and Rural Development Committee, 04 Oct 2006

Meeting date: Wednesday, October 4, 2006

Official Report 277KB pdf

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Subordinate Legislation

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Water Services and Sewerage Services Licences (Scotland) Order 2006 <br />(SSI 2006/464)<br />Environmental Noise (Scotland) Regulations 2006 (SSI 2006/465)

Agenda item 2 is consideration of two instruments of subordinate legislation that are subject to the negative procedure. The Subordinate Legislation Committee has considered the instruments and has made a brief comment on SSI 2006/465. An extract of its report is in the papers. Do members have any comments on the instruments?

There are several questions that we could ask about SSI 2006/465 because, as I have confirmed through discussion with the convener and other members of the committee, it is not clear in a number of regards. We do not know what will happen once the maps and the action plans have been produced and it is not clear whether trunk roads will be covered by the definition of "strategic". It is stated that the provisions will apply to major roads and agglomerations, but we do not know whether trunk roads will be covered. There is also uncertainty about which rail routes the requirements will apply to. Will that be determined by the noisiness of trains or will it depend on the urban areas that trains go through, for example? Such issues are not clear.

It is not at all clear how regulation 17 on airport action plans will work. All the costs that are mentioned seem to relate to the production of maps rather than to the longer-term costs and benefits. We require some answers on those issues before we agree to the regulations.

The regulatory impact assessment focuses on the costs of mapping and who deals with such issues. Paragraph 4.7 of the RIA is about policies that can be developed, but it is not obvious how it relates to paragraph 8.5. I do not know how we should approach matters. Perhaps we could ask for written answers to our questions.

Before the convener left, she shared with me some concerns about the explanatory note, which she felt did not say enough about the impact of the measures, what the actions plans would achieve and what enforcement would be carried out. Several questions need to be answered. The lead committee's report is due on 30 October, so there is enough time for us to seek clarification from the Executive on the relevant points.

That would be appropriate, given the concerns that you and Elaine Smith have raised.

We can put the matter on the agenda for our meeting on 24 October.

That will give us seven days to address the issues.

Although SSI 2006/464 and SSI 2006/465 are ticked as being affirmative instruments on the accompanying documentation, those are typos, because they are both negative instruments. However, that is anorak stuff.

Are members content with SSI 2006/464?

Members indicated agreement.

We will seek further clarification on SSI 2006/465.

The convener has considered arrangements for stage 2 of the Crofting Reform etc Bill. As members know, stage 2 amendments can now be lodged. The convener has decided that the first day of consideration of stage 2 amendments will be our meeting on 15 November. Our target will be to consider sections 1 to 10 on that day. That means that the deadline for lodging amendments to sections 1 to 10 of the bill, and the accompanying schedule 1, will be 12 noon on Friday 10 November. Targets for the sections that will be considered at subsequent meetings will be announced after day 1. Members who wish to lodge amendments are invited to speak to the clerks as soon as possible.

Will that helpful information be e-mailed to us?

Yes.

Good.

Our next meeting will be after the October recess, on Tuesday 24 October at 2 pm. As you know, we will not meet in our usual Wednesday morning slot because plenary business has been scheduled for that time.

I may have to submit my apologies for that meeting, because I will be attending a meeting of the Justice 2 Committee, which will be considering the Legal Profession and Legal Aid (Scotland) Bill at stage 2.

I hope that you are the only member who will not be able to come. Any member who has a problem should talk to Mark Brough.

Meeting closed at 12:11.