Delegated Powers and Law Reform Committee
Meeting date: Tuesday, September 26, 2017
Official Report 597KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- European Union (Withdrawal) Bill
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
- European Union (Withdrawal) Bill
Instruments subject to Negative Procedure
Public Water Supplies (Scotland) Amendment Regulations 2017 (SSI 2017/281)
The instrument amends the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364) to implement provisions of Commission directive EU 2015/1787, on monitoring requirements for drinking water, and of Council directive 2013/51/Euratom, on radioactive substances in drinking water. There are a few drafting errors in the instrument.
In new schedule 1A, which is to be inserted in the 2014 regulations, paragraph 4(3) of part E, on radioactive substances, provides that, when the indicative dose requires monitoring, the frequency of the monitoring must be determined
“depending on the screening strategy adopted pursuant to Part B of this schedule.”
The Scottish Government has confirmed that the reference to part B is an error and that the reference should be to part F.
In the second column of table 1 in part B of new schedule 3, which is to be substituted into the 2014 regulations, headed “Uncertainty of measurement”, the value that is given for polycyclic aromatic hydrocarbons is 30. The Scottish Government has confirmed that that is an error and that the value should be 50.
In the fourth column of table 2 in part B of new schedule 3, headed “Limit of detection”, the value that is given for oxidisability is 25. The Scottish Government has confirmed that that is an error and that the value should be 10.
It is suggested that the committee could report the instrument under reporting ground (i), as the drafting appears to be defective, as I just outlined. The committee could welcome the Scottish Government’s intention to correct the instrument by making and laying an amending instrument at the earliest opportunity. Does the committee agree to report the instrument to the Parliament under reporting ground (i), as the drafting appears to be defective?
Members indicated agreement.
Does the committee agree to welcome the Scottish Government’s intention to correct the instrument by making and laying an amending instrument at the earliest opportunity?
Members indicated agreement.
Teachers’ Superannuation and Pension Scheme (Additional Voluntary Contributions) (Scotland) Regulations 2017 (SSI 2017/283)
Regulation 14(8) contains a superfluous reference to regulation 12(5). The committee could note that the Scottish Government has undertaken to correct that error in the next set of regulations that includes amendments to SSI 2017/283. Does the committee agree to draw the regulations to the Parliament’s attention on the general reporting ground, as they contain a minor drafting error?
Members indicated agreement.
Individual Learning Account (Scotland) Amendment Regulations 2017 (SSI 2017/288)
Regulation 6(7)(d) intends to substitute “Training Account Administrator” for “Learning Account Administrator”, which is comparable to several other substitutions in the instrument. However, in error, the provision specifies “A Training Account Administrator” and “A Learning Account Administrator”. Does the committee agree to draw the regulations to the Parliament’s attention on the general reporting ground, as there is a minor drafting error in regulation 6(7)(d), which amends regulation 4(6) of the Individual Learning Account (Scotland) Regulations 2011 (SSI 2011/107)?
Members indicated agreement.
No points have been raised by our legal advisers on the following five instruments.
M8/M73/M74 Motorways (30mph, 40mph and 50mph Speed Limit) Regulations 2017 (SSI 2017/286)
Notice to Local Authorities (Scotland) Amendment Regulations 2017 (SSI 2017/295)
Private Residential Tenancies (Information for Determining Rents and Fees for Copies of Information) (Scotland) Regulations 2017 (SSI 2017/296)
Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017 (SSI 2017/297)
Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment (No 2) Order 2017 (SSI 2017/301)
Is the committee content with the instruments?
Members indicated agreement.