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Scottish Parliament

Subordinate Legislation Committee

Tuesday 29 June 2010

[The Convener opened the meeting at 14:15]

Decision on Taking Business in Private

The Convener (Jamie Stone): It is the hour to make a start. I welcome everyone to the 22nd meeting in 2010 of the Subordinate Legislation Committee. We have received apologies from Ian McKee and Elaine Smith. I ask everyone to turn off their mobiles and BlackBerrys, please.

Our first item is a decision to take business in private. The proposal is that item 6, under which we will discuss our draft report on the Crofting Reform (Scotland) Bill, should be in private. Are we agreed on that?

Members indicated agreement.

The Convener: Thank you.

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Wildlife and Natural Environment (Scotland) Bill: Stage 1

14:15

The Convener: The second item is the delegated powers memorandum on the bill. There are a number of questions in our summary of recommendations. Does the committee agree to put those questions to the Scottish Government?

Members indicated agreement.

The Convener: We will consider the Government's response at the committee's first meeting after the recess that we are about to go into, and then conclude our stage 1 report.

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Draft Instruments subject
to Approval

Cairngorms National Park Elections (Scotland) Amendment Order 2010 (Draft)

Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 Modification Order 2010 (Draft)

Loch Lomond and The Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002 Modification Order 2010 (Draft)

Scottish Local Government Elections Amendment Order 2010 (Draft)

14:16

The committee agreed that no points arose on the instruments.

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Instruments subject
to Annulment

National Health Service (Tribunal) (Scotland) Amendment Regulations 2010 (SSI 2010/227)

National Health Service (Tribunal) (Scotland) Amendment (No 2) Regulations 2010 (SSI 2010/266)

14:17

The Convener: SSI 2010/227 contains a drafting error. The reference to two copies in forms 1, 2, 3, and 5 in schedule 2 to the National Health Service (Tribunal) (Scotland) Regulations 2004 (SSI 2004/38) has not been amended to refer to five copies, to reflect the new requirement to produce five copies. That inconsistency should not affect the validity or operation of the regulations, but it could confuse applicants.

The Scottish Government has laid SSI 2010/266, which address the point. It breaches the 21-day rule, but we should be satisfied that SSI 2010/227 has been corrected so quickly.

Does the committee agree to report accordingly?

Members indicated agreement.

National Health Service (Vocational Training for General Dental Practice) (Scotland) Amendment Regulations 2010 (SSI 2010/229)

The Convener: Regulation 2(6) fails to follow normal drafting practice in that it could have made the consequential amendment to the 2010 regulations directly, which would have been more understandable to the reader, rather than making the amendment indirectly by amending the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004 (SSI 2004/292). Regulation 2(6) also contains a drafting error, as the amendment that it makes refers to the National Health Service (Vocational Training in General Dental Practice) (Scotland) Regulations 2004, rather than using the regulations' correct title.

Neither of those points is likely to affect the operation of the regulations, so can we agree to report on them in those terms?

Members indicated agreement.

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Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2010 (SSI 2010/237)

Criminal Legal Aid (Fixed Payments) (Scotland) Amendment (No 2) Regulations 2010 (SSI 2010/267)

The Convener: The defective drafting error in regulation 2(2) of SSI 2010/237 is such that, as the Scottish Government acknowledges, the regulations fail to apply, as intended, to proceedings that were commenced after the regulations were made on 10 June 2010 and before they come into force on 5 July 2010.

The Government has already laid a further set of regulations, SSI 2010/267, which address the issue. Again, SSI 2010/267 breaches the 21-day rule, but I hope that the committee will be satisfied with the reasons given for that.

Do we agree to report accordingly?

Members indicated agreement.

Rice Products from the United States of America (Restriction on First Placing on the Market) (Scotland) Revocation Regulations 2010 (SSI 2010/248)

The Convener: Goodness me. What different instruments we have to look at.

Are we content with the explanation provided in the letter to the Presiding Officer about the breach of the 21-day rule, and with the regulations themselves?

Members indicated agreement.

Notice to Local Authorities (Scotland) Amendment Regulations 2010
(SSI 2010/251)

Grampian Joint Fire and Rescue Board (Specified Equipment) (Scotland) Order 2010 (SSI 2010/252)

Lay Representation in Proceedings relating to Residential Property (Scotland) Order 2010 (SSI 2010/264)

The committee agreed that no points arose on the instruments.

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Instrument not laid before
the Parliament

Bankruptcy and Diligence etc (Scotland) Act 2007 (Commencement No 6 and Savings) Order 2010 (SSI 2010/249)

14:20

The committee agreed that no points arose on the instrument.

The Convener: Before we move into private, I welcome two guests to the public gallery, both of whom are known to me and one of whom is my aunt.

14:20

Meeting continued in private until 14:23.