 I welcome members to the 33rd meeting in 2014 of the Delegated Powers and Law Reform Committee, and as always ask members to turn off mobile phones please. Agender item one is a draft document subject to approval, that is the Scottish Regulators Strategic Code of Practice, SG2014236. Code of practice is not a statutory Scottish statutory instrument, however, in accordance with section 6 of the Regulator Reform Scotland Act 2014, it is subject to approval by resolution of the Parliament. Section 55 of that 2014 act places a duty on relevant regulators to have to regard to the code in determining general policies or principles relevant to specified regulatory functions and in exercising those specified functions. In light of the statutory requirement, the Scottish Minister's intention expressed in paragraph 9 of the introduction and overview of the code, that the code should not apply to the exercise of regulatory functions in individual cases, appears to be an unusual or unexpected use of the power conferred on the Minister's by section 5. Does the committee therefore agree to draw the code of practice to the attention of the Parliament under reporting ground G as the way of enabling powers has been used as unusual or unexpected? As I sit in the subject committee that dealt with this bill, I can tell the committee that considerable emphasis was placed on the code of practice. Given the anachronism that has been indicated by our legal advisers, I do hope that the Government will pay attention to the points that have been made and endeavour to correct and clarify the situation. So we are agreed. Agender item 2 is instrument subject to negative procedure. The products containing a meter, etc. Scotland regulations 2014, SSI 2014, 289. Regulation 7 applies various provisions of the Food Safety Act 1990 for the purposes of the regulations. The Scottish Government intends that section 22 of that act would also be applied, but reference to that section is omitted. Section 22 specifies certain circumstances which provide a defence for a person who would otherwise commit an offence in terms of the act consisting of the advertisement for sale of food. Does the committee therefore agree to draw the instruments of the Parliament's attention on reporting ground I as regulation 7 appears to be defectively drafted in that it omits references to section 22 of the Food Safety Act 1990? I think that this should be done as a matter of urgency and I hope that we will manage to impress that on the Government to allow the due process of law to carry on. Indeed, does the committee agree to note that the Scottish Government has undertaken to amend the provision at the earliest opportunity? If we are saying the earliest opportunity, it might be a very soon opportunity. We would certainly hope that it is sooner rather than later. That is just a drafting observation in relation to the schedule that gives the percentages of meat in various circumstances and in various products. Given that one of them at five related to corned beef, it has a figure of 120 per cent, which is only explained by a note four pages later. In future, if the Government were considering using percentages over 100 per cent, putting the note that explains why that figure exceeds 100 per cent as it properly does, adjacent to the figure would aid comprehension of people who are reading such orders. That brings me to the charities account Scotland amendment regulations 2014, SSI 2014, 295. This instrument contains some minor drafting errors. First the regulation 3A and B refers to an inaccurate date of issue for the two statements of recommended practice for accounting and reporting by charities. The date of issue should be 16 July 2014. Secondly, regulation 4A refers to an inaccurate document name and date of issue. The regulation should refer to the statement of recommended practice accounting for further and higher education issued on 17 September 2014. Finally, regulation 4B refers to an inaccurate document name and date of issue. The regulation should refer to the statement of recommended practice for registered social housing providers issued on 24 September 2014. Does the committee therefore agree to draw the instrument to the attention of the Parliament on the general reporting ground as it contains minor drafting errors? Does the committee agree to note however that the Scottish Government will correct these minor errors by amendments in due course? No points have been raised by our legal advisers on the Town and Country Planning General Permitted Development Scotland amendment number two order 2014, SSI 2014 300, nor in the Town and Country Planning Fees for Applications and Deemed Applications Scotland amendment number 2 regulations 2014, SSI 2014 301, nor on the Civil Partnership prescribed bodies Scotland regulations 2014, SSI 2014 303, nor on the same sex marriage prescribed bodies Scotland regulations 2014, SSI 2014 305, nor on the marriage and civil partnership prescribed forms Scotland regulations 2014, SSI 2014 306, nor on the public bodies joint working health professionals and social care professionals Scotland regulations 2014, SSI 2014 307, nor on the public bodies joint workings membership strategic planning group Scotland regulations 2014, SSI 2014 308, nor on the looked after children's Scotland amendment regulations 2014, SSI 2014 310, nor on the notice of potential liability for cost discharge notice Scotland order 2014, SSI 2014 313. Is the committee content with these instruments please? Agender item 3 is instruments not subject to any parliamentary procedure and no points have been raised by our legal advisers on the act of sedentary rules of the court of session and sheriff court rules amendment number two marriage and civil partnership Scotland act 2014, 2014, SSI 2014 302. Is the committee content with that instrument please? Agender item 4 air weapons and licensing Scotland bill the purpose of this item is for the committee to consider the delegated powers in the bill at stage one the committee is as always invited to agree the questions that we should raise with the Scottish government on the delegated powers in the bill it suggested these questions are raised in written correspondence committee will have the opportunity to consider the responses at a future meeting before the draft report is then considered section 36 one allows ministers to make provision for the charging of fees by the chief constable in respect of applications under part one of the bill and otherwise in respect of the performance of functions by the chief constable under part one fees may be set for various aspects of the air weapon licensing regime in regulations sections 32 and 35 of the firearms act 1968 initially specified the fee levels payable for the grant renewal variation etc of a firearm certificate or shotgun certificate or for registration as a firearms dealer through fees though fees are a variable by order does the committee therefore agree to ask Scottish government why a comparable approach is not taken to specify on the face of bill the initial fee levels proposed for an application for air weapons certificates or other functions chargeable by the chief constable in connection with the air weapons licensing regime section 37 enables Scottish ministers to make further proposition for the purposes of part one in particular this enables further provision for the application and approvals process for air weapons certificates police permits visitor permits event permits or club approvals this includes prescribing the mandatory conditions that will attach to certificates permits or air weapon club approvals specifics matters may be prescribed by regulations under section 37 one as provided for in sections 41 617239 1421176 1824 beyond that section 37 one enables any further provision for the purposes of part one of the bill does the committee agree to ask the Scottish government what is enabled by that power to make further provision which would not in the absence of such power be enabled by the ancillary powers to make incidental supplementary or consequential provisions in section 75 and 76 how might this power be used beyond prescribing those matters which is set out in sections 41 to 18 for section 68 creates a new licensing regime for sexual entertainment venues by adding section 45 a to the civic government scotland act 1982 which i hear enough to refer to as the 1982 act section 45 a 2 to 7 define what is meant by a sexual entertainment venue this is any premises at which section entertainment is provided before a live audience for or with a few to the financial gain of the organiser the power in section 68 3 of the bill which adds new section 48 sorry 45 a 7 b of the 97 1982 act enables the Scottish ministers to prescribe other types of premises which would not be sexual entertainment venues delegated power memorandum explains that this power is intended to have a very narrow focus and would be used in very limited circumstances if sexual entertainment venues are inadvertently caught within the licensing regime in section 68 does the committee therefore agree to our Scottish Government why it's been considered appropriate for this power to be drawn broadly to enable the exemption of any other promises premises are specified by order why could it not be drawn more narrowly to define the very limited circumstances or range of premises which might potentially be exempted and why is it not possible to avoid the need for this power by using more appropriate or clearer definitions in the new section 45 a of the 1982 act to remove the possibility that certain types of venues or premises could inadvertently be caught within the licensing regime and in general terms what might be inadvertently included thank you new section 45 a 11 of the 1982 act allows ministers to prescribe descriptions of performances or displays of unity that are not to be treated as sexual entertainment for the purposes of the licensing regime delegated powers memorandum explains that this power is also intended to have a very narrow focus and would be used in very limited circumstances if certain types of performances are inadvertently caught within the licensing regime of section 68 does the committee therefore agree to ask the Scottish Government why has it been considered appropriate for this power to be drawn broadly to enable the exemption of any descriptions or performances or descriptions of nudity or sorry descriptions of displays of nudity as just specified by the order why could it not be drawn more narrowly to define the very limited circumstances or range of performances or displays which might potentially be exempted and why is it not possible to avoid the need for this power by using more appropriate or clearer definitions in the new section 48a of the 1982 act to remove the possibility that certain types of performance or display could inadvertently be caught within the licensing regime and again in general terms what might be inadvertently included new section 45 b of the 1982 act inserted by section 68 3 of the bill confers powers by resolution upon a local authority for sexual entertainment venue licensing to have effect in their area the authority may resolve that schedule 2 of the 1982 act has modified by section 45 b is to have effect in the area section also confers powers on a local authority to determine an appropriate number of sexual entertainment venues for their area which determination must be publicised by the local authority section 45 b also provides at local authorities in carrying out the functions conferred by the section must have regard to any guidance issued by the ministers does the committee agree to ask the Scottish government why these powers are appropriate why it is appropriate for them to be exercised by means of published resolution and determination and why the powers of ministers to issue guidance is appropriate and why there appears to be no provision for their guidance to be published but a resolution of the termination by a local authority under section would be published section 71 inserting section 45 d of the 1982 act allows ministers to set mandatory conditions that would apply to all licenses issued under part 3 of the 1982 act this includes the regime for sexual entertainment venues inserted by section 69 and sex shops this could encompass different licenses and particular purposes and sets of circumstances or cases by inserting section 45 e of the 1982 act section 71 also converts a power in a local authority to determine standard conditions to which such licenses are to be subject again this would encompass different licenses and particular circumstances and sections sets of circumstances or cases any such conditions must be published and there must be consistent with any mandatory condition set by the government does the committee agree to ask the government why has it been considered appropriate that any mandatory conditions set in regulations under section 37 in relation to an air weapons certificate or permit should be subject to parliamentary scrutiny by the negative procedure but any mandatory conditions set by regulations in relation to sex shops and sexual entertainment venues would be subject to the affirmative procedure and why powers conferred on a local authority in section 71 inserting section 45 e of the 1982 act are appropriate and why it would be appropriately exercised by informal published determination section 76 one confers power to make incidental supplementary consequential transitional transitory or saving provision as the minister considers necessary or expedient for the purposes of or in consequence of or for giving full effect to the provision of the act or any provision made under it the words or any provision made under it expand the scope of the ancillary powers and are unusual in comparison with recent acts containing a comparable number of delegated powers or powers of potentially wider scope and contain in this bill does the committee therefore agree to ask the Scottish government why for this particular bill that proposed expansion of the ancillary powers has been considered necessary which brings us to a gender item five which is the serious crime bill and this of course is UK parliamentary legislation under this item the committee is invited to consider the powers to make subordinate legislation conferred on the Scottish ministers in the serious crime bill a briefing paper has been provided which suggests that the committee could seek a written explanation of matters relating to clause 19 of the bill the committee would then consider the response at next week's meeting with the intention of agreeing a draft report clause 19 amends section 118 of the proceeds of crime act 2002 in relation to the enforcement of confiscation orders confiscation orders are imposed to enable the recovery of criminal assets following a person's conviction some individuals choose not to pay their confiscation orders and to serve a period of imprisonment known as a default sentence instead clause 19 provides for a new sliding scale of default sentences applicable to confiscation orders in scotland which mirrors the scale being introduced by the bill in england and wales scale provides for maximum periods of imprisonment of six months five years seven years and 14 years depending on the value of the compensation order imposed new section 118 to be converse powers on Scottish ministers to amend the sliding scale so as to remove alter or replace any entry in it or to add any entry according to the Scottish ministers accordingly the Scottish ministers will have the power by subordinate legislation to vary the maximum term of imprisonment which may be imposed in respect of a confiscation order of any amount clause 10 of the bill confers a similar power on the secretary of state in respect of the scale which applies to england and wales section 118 to be also converse power on Scottish ministers to provide for a minimum periods of imprisonment in respect of amounts ordered to be paid under a confiscation order and to apply with or without modifications any provision of the criminal procedure scotland act 1995 relating to enforcement of fines in consequence of exercising either that power or the power to amend the sliding scale referred to above all three powers are subject to the affirmative procedure does the committee agree to ask the Scottish government why it is considered appropriate for Scottish ministers to have an unlimited power to vary through subordinate legislation the maximum periods of imprisonment provided for in the bill which may be imposed in respect of amounts to be paid under a confiscation order rather than the maximum periods being determined or varied by parliament and set out in primary legislation and why it's considered appropriate for the minimum period of imprisonment imposed in respects of amounts to be paid under a confiscation order to be subject to determination by Scottish ministers through subordinate legislation rather than being determined by the parliament or set out in primary legislation i think that brings us to the end of the agenda unless anybody has any other comments i can now close the meeting