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SL/S3/11/05/M

5th Meeting, 2011 (Session 3)

Tuesday 22 February 2011

Present:

Bob Doris (Deputy Convener) Helen Eadie
Rhoda Grant Alex Johnstone
Ian McKee Elaine Smith
Jamie Stone (Convener)

The meeting opened at 2.15 pm.

1. Decisions on taking business in private: The Committee agreed to take items 9, 10, 11 and 12 in private.

2. Instruments subject to approval: The Committee agreed that no points arose on the following—

the Muntjac Keeping (Scotland) Order 2011 (SSI2011/made).

3. Draft instruments subject to approval: The Committee agreed to draw the attention of Parliament to the following—

the Children's Hearings (Scotland) Act 2011 (Consequential Provision) and Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2011 (SSI2011/draft);

the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (SSI2011/draft);

and that no points arose on—

the Waste Management Licensing (Scotland) Regulations 2011 (SSI2011/draft);

the Radioactive Substances Act 1993 Amendment (Scotland) Regulations 2011 (SSI2011/draft);

the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 (SSI2011/draft);

the Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential Provisions) Order 2011 (SSI2011/draft);

the Scottish Statutory Instruments Regulations 2011 (SSI2011/draft);

the Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (SSI2011/draft);

the Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011 (SSI2011/draft);

the Advice and Assitance (Assistance by Way of Representation) (Scotland) Amendment (No.2) Regulations 2011 (SSI2011/draft);

the Debt Arrangement Scheme (Interest, Fees, Penalties and Other Charges) (Scotland) Regulations 2011 (SSI2011/draft).

4. Instruments subject to annulment: The Committee agreed to draw the attention of Parliament to the following—

the Edinburgh College of Art (Transfer) (Scotland) Order 2011 (SSI2011/54);

the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011 (SSI2011/55);

and that no points arose on—

the Home Energy Assistance Scheme (Scotland) Amendment Regulations 2011 (SSI2011/56);

the Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Amendment Order 2011 (SSI2011/59);

the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Amendment Order 2011 (SSI2011/60);

the Scottish Crime and Drug Enforcement Agency (Scotland) Regulations 2011 (SSI2011/61);

the Police Grant (Scotland) Order 2011 (SSI2011/62);

the Local Authority Accounts (Scotland) Amendment Regulations 2011 (SSI2011/64)

the Ayr Road Route (M77) (Speed Limit) Amendment Regulations 2011 (SSI2011/67);

the M8 Motorway (Junction 10 Westerhouse Slip Roads) (Speed Limit) Regulations 2011 (SSI2011/68);

the Glasgow Renfrew Motorway (Stages I and II) (Speed Limit) Amendment Regulations 2011 (SSI2011/69);

the Sea Fishing (Licences and Notices) (Scotland) Regulations 2011 (SSI2011/70);

the Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2011 (SSI2011/73);

the Non-Domestic Rates (Levying) (Scotland) Amendment Regulations 2011 (SSI2011/74);

the Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2011 (SSI2011/75);

the Marine Licensing (Fees) (Scotland) Regulations 2011 (SSI2011/78);

the Marine Licensing (Consultees) (Scotland) Order 2011 (SSI2011/79);

the Marine Licensing (Register of Licensing Information) (Scotland) Regulations 2011 (SSI2011/80);

the Interpretation and Legislative Reform (Scotland) Act 2010 (Savings and Transitional Provisions) Order 2011 (SSI2011/88);

the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2011 (SSI2011/89);

the Road Works (Fixed Penalty) (Scotland) Amendment Regulations 2011 (SSI2011/92);

the Natural Mineral Water, Spring Water amd Bottled Drinking Water (Scotland) Amendment Regulations 2011 (SSI2011/94);

the Food (Jelly Mini-Cups) (Emergency Control) (Scotland) Revocation Regulations 2011 (SSI2011/95);

the Roads (Scotland) Act 1984 (Fixed Penalty) Amendment Regulations 2011 (SSI2011/98);

the Food Additives (Scotland) Amendment Regulations 2011 (SSI2011/99);

the Additional Support Needs for Tribunals for Scotland (Appointment of President, Conveners and Members and Disqualification) Amendment Regulations 2011 (SSI2011/103);

the Additional Support Needs Tribunals for Scotland (Disability Claims Procedure) Rules 2011 (SSI2011/104);

the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules 2011 (SSI2011/105);

the Health Professions Council (Registration and Fees) (Amendment) (No.2) Rules 2010 Order of Council 2011 (SI 2011/210).

5. Instruments not laid before the Parliament: The Committee agreed that no point arose on the following—

the Marine (Scotland) Act 2010 (Commencement No.2 and Transitional Provisions) Order 2011 (SSI2011/58 (C.8));

the Muntjac Keeping (Scotland) Regulations 2011 (SSI2011/63);

the Fire and Rescue Authorities (Appointment of Chief Inspector) Order 2011 (SSI2011/65);

the Non-Domestic Rates (Levying) (Scotland) (no.3) Regulations 2010 Revocation Order 2011 (SSI2011/76);

the Sheep Scab (Scotland) Amendment Order 2011 (SSI2011/77);

Act of Sederunt (Rules of Court of Session Amendment) (Taxation of Accounts and Fees of Solicitors) 2011 (SSI2011/87);

the Right to Purchase (Application Form) (Scotland) Order 2011 (SSI2011/97).

6. Certification of Death (Scotland) Bill: The Committee agreed to note the Scottish Government's response to its Stage 1 report.

7. Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Bill: The Committee considered the Scottish Government's response to its Stage 1 report and agreed to write to the Minister for Housing and Communities requesting that the Lord President be consulted before making an order under the power in section 3(7)(c).

8. Property Factors (Scotland) Bill: The Committee considered the delegated powers provisions in this Bill after Stage 2, and agreed its approach to stage 3 proceedings, and the contents of a draft report.

The Committee agreed that, for the remainder of Session 3, it would delegate to the Scottish Parliament's Solicitor's Office the authority to pursue on its behalf questions to the Scottish Government on delegated powers contained in Bills.

9. Draft instruments subject to approval (in private): The Committee agreed its approach to the following—

the Public Services Reform (General Teaching Council for Scotland) Order 2011 (SSI2011/draft);

the Public Services Reform (Agricultural Holdings) (Scotland) Order 2011 (SSI2011/draft).

10. Wildlife and Natural Environment (Scotland) Bill (in private): The Committee considered the delegated powers provisions in this Bill after Stage 2, and agreed the contents of a draft report.

11. Damages (Scotland) Bill (in private): The Committee considered the delegated powers provisions in this Bill after Stage 2, and agreed the contents of a draft report.

12. Patient Rights (Scotland) Bill (in private): The Committee agreed the contents of a draft report.

The meeting closed at 2.44 pm.

Irene Fleming
Clerk to the Subordinate Legislation Committee
Room T2.60
The Scottish Parliament
Edinburgh
Tel: 0131 348 5212
Email:irene.fleming@scottish.parliament.uk