Delegated Powers and Law Reform Committee
Meeting date: Tuesday, May 9, 2017
Official Report 316KB pdf
Contents
- Attendance
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2017 (SSI 2017/120)
The first instrument under agenda item 2 is on planning fees.
I draw the committee’s attention to my entry in the register of members’ interests. Although I am not a practising planner, I am a member of the Royal Town Planning Institute.
Many thanks.
The purpose of the regulations is to amend the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 (SSI 2004/219) to increase certain planning fees.
Our legal advisers have identified that SSI 2017/120 appears to be defectively drafted in two respects. First, the fee level in respect of sites with an area exceeding 7.6 hectares for planning applications connected with exploratory drilling for oil or natural gas is incorrect. There is an error in the specification of the fee in paragraph 8(b) of the schedule, as the figure of £30,240 should in fact be £30,476. Secondly, the regulations omit to amend paragraph 14 of schedule 1 to SSI 2004/219 to reflect the increased fees that are set out in the new table of fees in SSI 2017/120.
Accordingly, does the committee agree to draw the regulations to the Parliament’s attention under reporting ground (i), as they appear to be defectively drafted in two respects for the reasons that I have outlined?
Members indicated agreement.
Does the committee also agree to welcome the Scottish Government’s intention to lay an amending instrument to rectify the errors before the regulations come into force on 1 June 2017?
Members indicated agreement.
No points have been raised by our legal advisers on the following six instruments.
Regulation of Scallop Fishing (Scotland) Order 2017 (SSI 2017/127)
M9/A90/M90 Trunk Road (Kirkliston to Halbeath) (Variable Speed Limits and Actively Managed Hard Shoulder) Amendment Regulations 2017 (SSI 2017/128)
Cattle Identification (Scotland) Amendment Regulations 2017 (SSI 2017/133)
National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2017 (SSI 2017/134)
National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2017 (SSI 2017/135)
Scottish Landfill Tax (Administration) Amendment Regulations 2017 (SSI 2017/139)
Is the committee content with the instruments?
Members indicated agreement.