Communities Committee, 09 Jun 2004

Meeting date: Wednesday, June 9, 2004

Official Report 193KB pdf

---

Subordinate Legislation

---

Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2004 (Draft)

Item 2 is consideration of the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2004. I welcome Mary Mulligan, the Deputy Minister for Communities, who has joined us for this item—it seems as though we are joined at the hip, but never mind. As members are probably aware, the order is an affirmative instrument, so the deputy minister is required under rule 10.6.2 of the standing orders to propose by motion that the draft instrument be approved. Committee members have received copies of the order and the accompanying documentation. I invite the deputy minister to speak briefly to the order, but not yet move the motion.

Thank you, convener. I could not bear to be apart from you, so I am back already. I am grateful to the committee for the opportunity to explain the background to the order. The Scotland Act 1998 acknowledged that in some cases it would be more appropriate for Scottish ministers to be able to exercise executive powers in areas where primary legislation continues to be a matter for Westminster.

Section 63 of the Scotland Act allows functions, so far as they are exercisable in or as regards Scotland, to be transferred to the Scottish ministers, instead of, or concurrently with, ministers of the Crown. The order authorises the transfer of functions that relate to the approval of a housing co-operative whose registered office is in Scotland in connection with a claim for tax relief purposes under section 488 of the Income and Corporation Taxes Act 1988. The United Kingdom minister of the Crown will continue to exercise those functions as regards the rest of the UK.

The order also gives Scottish ministers powers concurrent with those of the minister of the Crown to make regulations under certain sections of the Fireworks Act 2003. In effect, that will allow Scottish ministers to make regulations under those sections for Scotland while ministers at the Department of Trade and Industry will do so for England and Wales.

Members will have seen the note prepared by the Executive, which explains the entries in the order. Section 488 of the Income and Corporation Taxes Act 1988 allows housing co-operatives that meet certain criteria relating to their rules and constitution to make a claim for tax relief. The transfer of that function will enable Scottish ministers to approve the rules and constitution of a housing co-operative for the purposes of claiming tax relief. I believe that that is an appropriate function to be exercised in Scotland by Scottish ministers.

The Fireworks Act 2003 is an enabling act that allows ministers to make regulations on several specified matters to control the supply and use of fireworks, which have become a growing problem. The relevant powers are provided for in sections 4 and 6 of the act, which have a significant impact on the public. Section 4 enables the prohibition of the use of fireworks during some hours of the day and in some places and section 6 enables the regulation of public firework displays.

If the order is approved, the Executive will use those powers. On 23 April this year, my colleague Andy Kerr announced our intention to introduce a curfew on fireworks use between 11 pm and 7 am. That proposal is out for consultation. We do not intend to regulate public fireworks displays, as we do not believe that public fireworks display operators pose a danger to the public. However, we will keep that under review. The Explosives Act 1875 makes it an offence to release fireworks in a public place. To tidy fireworks regulations, that provision will be repealed in due course and we will make that prohibition under section 4 of the 2003 act.

If this order under section 63 of the Scotland Act 1998 is approved, it will go to the Privy Council on 27 July and come into force two days later. The Executive plans to lay regulations to introduce a curfew when the Parliament returns from recess in September. I therefore call on the committee to recommend approval of the transfer of functions to ministers as set out in the order.

Does anyone have a question?

My question is more of an observation: I am glad that Lord Sewel is not getting it all his own way.

This is the second time that I have come to the committee to transfer further powers to the Parliament. That is an example of devolution operating effectively.

Perhaps my comment will be another observation. I apologise in advance for the question, which you may not be prepared to answer. If so, perhaps you would consider writing to me later. We talked earlier about the powers of OSCR. It occurs to me that the same transfer of functions could be applied in relation to tax relief for charities. Has that been considered? Are you interested in examining that? Such a system would simplify matters.

That question was about charities. We will have the formal opportunity to ask the minister such questions at the appropriate stage. I am quite happy for people to gloss observations as questions, but perhaps we need to focus on questions that relate to the order.

The Executive note refers to co-operative housing associations, so the order deals not with all housing associations but purely with those that are housing co-operatives. Is that right?

The order deals with housing co-operatives and not all housing associations.

The fireworks stuff is welcome. Does the Executive intend not only to set curfews, but to make more regulations on where fireworks can be sold and so on?

The Department of Trade and Industry will continue to regulate that. The act was passed in 2003 and the department is now rolling out that process, so it may pick up that point.

I see. Thank you.

Motion moved,

That the Communities Committee recommends that the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2004 be approved.—[Mrs Mary Mulligan.]

Motion agreed to.

I thank the minister for attending.

Do members agree to report to Parliament our decision in consideration of the order?

Members indicated agreement.

I was going to ask members whether they have any concerns, but we are not interested in members' concerns now, as they would have been expressed in the debate. We agree to report to the Parliament our decision and our consideration of the order. I thank members for their attendance.

Meeting closed at 12:14.