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Salmonella in Laying Flocks (Sampling Powers) (Scotland) Regulations 2004 (SSI 2004/536) I gather from our legal adviser that the regulations are an improvement on the English draft.
Local authorities are bound to take into account the same factors that a minister would take into account and will probably reach the same conclusions that ministers would reach.
It comes back to your point about transparency and accountability. Even at the risk of simplification, could you explain how the supply factor was accounted for?
There must be an independent body that can scrutinise what they are doing. Why is accountability of local government officials not best addressed at local level by elected members, whom you accept are accountable?
As I understand it, the only current statutory requirement is that ministers lay a copy of the final published performance standards before the Parliament.