Rural Affairs, Climate Change and Environment Committee

Meeting date: Wednesday, April 1, 2015

Official Report 462KB pdf

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Subordinate Legislation

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Reservoirs (Scotland) Regulations 2015 (SSI 2015/90)

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Reservoirs (Panels of Reservoir Engineers: Sections under which Members may be Appointed) (Scotland) Order 2015 (SSI 2015/92)

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Waste (Recyclate Quality) (Scotland) Regulations 2015 (SSI 2015/101)

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Alien and Locally Absent Species in Aquaculture (Scotland) Regulations 2015 (SSI 2015/103)

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Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015 (SSI 2015/105)

Agenda item 2 is subordinate legislation. There are five instruments to consider under negative procedure.

Two of the instruments have been drawn to the committee’s attention by the Delegated Powers and Law Reform Committee. The first of those is the Reservoirs (Scotland) Regulations 2015, which has been drawn to the committee’s attention under reporting ground (h), because the meaning of regulations 10 and 17 could be clearer, and under the general reporting ground, because there is a drafting error in regulation 8. In its report, the Delegated Powers and Law Reform Committee noted that the Government has agreed to address at the next opportunity the matters that have been reported in relation to regulations 8 and 10, and that the committee suggested that the Government consider at the same time clarifying the drafting of regulation 17(2).

The second instrument that has been drawn to our attention is the Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015. Again, the Delegated Powers and Law Reform Committee has drawn the instrument to our attention on the general reporting ground because there is a minor drafting error. The Scottish Government has agreed to correct that drafting error at the next opportunity.

I refer members to the paper. Do members have any comments?

All the statutory instruments are welcome—especially given that we have been discussing biodiversity and one of the instruments is on alien species. It is very good to see that instrument and the Waste (Recyclate Quality) (Scotland) Regulations 2015.

The convener made the point that we have had to note one or two errors in the instruments. Previously, there was an error on common agricultural policy reform. I would normally suggest that we write to the minister, but given that he is in the room, we can just note the errors. It is useful to say that we have picked up those errors and they are on the record. There is not a policy problem, but there have been a few technical errors. It is a pity that we have had to have those errors drawn to our attention.

They have been drawn to our attention. I suppose that different Government sections under the minister’s responsibilities deal with each of those areas. The point is well made.

I agree that there are no great overall policy implications, but the issue relating to CAP reform that NFU Scotland brought to our attention would have had serious practical implications had it not been picked up. I just want to reinforce what Ms Boyack has asked for.

Thank you.

Do members agree that we do not wish to make any recommendations in relation to the instruments?

Members indicated agreement.