Environment and Rural Development Committee, 08 Oct 2003

Meeting date: Wednesday, October 8, 2003

Official Report 240KB pdf

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Subordinate Legislation

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Air Quality Limit Values (Scotland) Regulations 2003 (SSI 2003/428)<br />Smoke Control Area (Exempt Fireplaces) (Scotland) Order 2003 (SSI 2003/436)

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Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No 2) Regulations 2003 (SSI 2003/445)

Item 2 is consideration of subordinate legislation. We have three Scottish statutory instruments to consider under the negative procedure. All of them have been considered by the Subordinate Legislation Committee, which, in its seventh report, has expressed concerns in relation to SSI 2003/428, on air quality limit values. Members have received an extract of that report. I note that the Executive intends to produce an amending instrument to remedy the defects that the committee identified.

The Subordinate Legislation Committee has made no comments on SSI 2003/436, on smoke control areas. It considered the regulations on pesticides on Tuesday, so we have not seen its report on that. However, I understand that two queries were raised with the Executive regarding the use of terminology and the date of implementation of the regulations. The Executive answered both those questions to the Subordinate Legislation Committee's satisfaction.

No member has expressed any concerns to me. Do members have any comments that they want to make?

I have a query about the Smoke Control Area (Exempt Fireplaces) (Scotland) Order 2003. Do we have to go through this procedure every time that somebody produces a new fireplace? It seems a bit bureaucratic to exempt a particular breed of fireplace.

I presume that that is the purpose of such legislation.

It seems a little clumsy.

Yes. I have background information on other issues that members might have raised, but if the committee is happy with the instruments, we will make no recommendation to the Parliament. Is that agreed?

Members indicated agreement.