Communities Committee,

Meeting date: Wednesday, May 25, 2005

Official Report 216KB pdf

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Subordinate Legislation

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Fireworks (Scotland)<br />Amendment Regulations 2005 (SSI 2005/245)

The second item on the agenda is consideration of the Fireworks (Scotland) Amendment Regulations 2005 (SSI 2005/245). The regulations were laid on 4 May 2005 and are subject to the negative procedure. The instrument will amend the Fireworks (Scotland) Regulations 2004, which make provisions to minimise the risk that use of fireworks will result in harmful consequences for people, animals or property. It responds to the concern of the Communities Committee and the Subordinate Legislation Committee that the 2004 regulations could oblige Crown servants to apply for a dispensation from the fireworks prohibition. The instrument will remove the ability of local authorities to grant a dispensation from the fireworks curfew to Government and armed forces employees.

In its report, the Subordinate Legislation Committee highlighted the failure to follow normal drafting practice by citing in the preamble the statutory precondition to carry out a resource impact assessment. Members have been provided with a copy of the regulations and the accompanying documentation. No member has indicated that they wish to comment. Is the committee content with the regulations?

Members indicated agreement.

In its report to Parliament, the committee will make no recommendation in respect of the regulations. Do members agree to report to Parliament our decision regarding the regulations?

Members indicated agreement.