Subordinate Legislation Committee, 11 Mar 2008

Meeting date: Tuesday, March 11, 2008

Official Report 106KB pdf

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Instruments Subject to Annulment

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Instruments Subject <br />to Annulment

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Leader Grants (Scotland) Regulations 2008 (SSI 2008/66)

Are we content to ask the Scottish Government questions (a) to (c), as set out in the summary of recommendations?

Members indicated agreement.

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Intensive Support and Monitoring (Scotland) Regulations 2008 (SSI 2008/75)

Are we content to ask the Scottish Government questions (a) to (d), as set out in the summary of recommendations?

Members indicated agreement.

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Bankruptcy (Scotland) Regulations 2008 (SSI 2008/82)

Members have before them a revised legal brief on the regulations. The brief was revised in light of further discussions between our legal advisers and Scottish Government officials.

With that in mind, are members content to ask the Scottish Government to explain what powers are being relied upon to prescribe the following, given that the power that appears to be available to ministers has not been cited in the preamble to the regulations, and given what the Government considers to be the effect of failing to cite any available power: the amount that is specified in regulation 10; the period that is given for the provision of the debt advice and information package in regulation 12; form 8; forms 21 and 22, which are introduced by regulation 19, paragraphs (1) and (2); and form 23, which is introduced by regulation 20?

Members indicated agreement.

I take this opportunity to thank our legal advisers for the effective exchange of views that allowed our legal brief to be updated. That is a good example of how to get things done efficiently.

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Rice Products from the United States of America (Restriction on First Placing on the Market) (Scotland) Regulations 2008 (SSI 2008/87)

This is an unusual instrument. Are we content with the explanation that was provided by the Scottish Government for the breach of the 21-day rule, and are we content with the regulations?

Members indicated agreement.

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Road Works (Scottish Road Works Register, Notices, Directions and Designations) (Scotland) Regulations 2008 (SSI 2008/88)

Are we content to ask the Scottish Government the question that is set out in the summary of recommendations?

Members indicated agreement.

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National Health Service (Superannuation Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2008 (SSI 2008/92)

I point out that the second question in the summary of recommendations has been withdrawn. Again, that follows discussions between our legal advisers and Scottish Government officials. Having pointed that out, I ask whether we are content to ask the Scottish Government to clarify point (a), as set out in the summary of recommendations?

Members indicated agreement.

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Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2008 (SSI 2008/65)<br />Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No 2) 2008 <br />(SSI 2008/72)

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Town and Country Planning (General Permitted Development) (Avian Influenza) (Scotland) Amendment Order 2008 <br />(SSI 2008/74)<br />Bankruptcy Fees (Scotland) Amendment (No 2) Regulations 2008 (SSI 2008/79)

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Non-Domestic Rating (Unoccupied Property) (Scotland) Amendment Regulations 2008 (SSI 2008/83)<br />Non-Domestic Rating (Telecommunications and Canals) (Scotland) Amendment Order 2008 <br />(SSI 2008/84)

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Non-Domestic Rates (Levying) (Scotland) Regulations 2008 (SSI 2008/85)<br />Road Works (Settlement of Disputes and Appeals against Directions) (Scotland) Regulations 2008 (SSI 2008/89)

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Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Order 2008 (SSI 2008/93)

The committee agreed that no points arose on the instruments.