 I welcome members to the 14th meeting in 2016 of the Delegated Powers and Law Reform Committee. Agenda item 1, instrument subject to negative procedure, and the first instrument to consider is the Casins and Casinates Scotland Regulations 2016 SSI 2016 383. Various provisions, regrettably, in these regulations appear to be defectively drafted. Firstly, Regulation 4 contains restrictions on the marketing and use of casins and casinates, breach of which it is an offence in accordance with Regulation 7. Provisions are drafted inconsistently as Regulation 4A provides for alternative restrictions, Edible Acid Casins, Edible Renit Casins or Edible Casinates, but Regulation 4B and C provides for a conjunctive restriction, Edible Acid Casins, Edible Renit Casins and Edible Casinates. It appears that, to specify what actions properly constitute an offence, Regulation 4A to C should have been drafted in a consistent manner. Secondly, Regulation 4C also appears to be defectively drafted. Provision refers to non-compliance with standards set out in points B and C of schedule 1, 2 or 3. The schedules contain numbered paragraphs and tables, so that applicable standards are not properly referred to. Thirdly, Regulations 5A and B appear to be defectively drafted. There are similar errors in those sub-paragraphs as they refer to the processing aids or additives listed in point D of schedule 3. Fourthly, Regulation 7A appears to be defectively drafted as well. Regulation 7 provides that the person is guilty of an offence if they fail to comply with any of the foregoing provisions of the regulations. The Scottish Government has acknowledged that there is no intention to extend the offence provision in Regulation 7 to the obligation of a food authority to enforce the regulations in terms of Regulation 6. Fifthly, there appears to be some defective drafting in schedule 4. The schedule modifies the application of provisions of the Food Safety Act 1990 for the purposes of those regulations. The modifications of section 29 and 351 of the 1990 act are incorrect. It appears that the two references to Regulation 9 and the schedule of those regulations to be read within the 1990 act for the purposes of those regulations should be references to Regulation 8 and schedule 4. Furthermore, the modification of section 32 is incorrect. It appears that the reference to Regulation 9 of those regulations should be a reference to Regulation 8 and schedule 4. Does the committee agree to draw the regulations to the attention of the Parliament under reporting ground I, as some provisions appear to be defectively drafted? In schedule 4, in respect of the modification of section 29 of the Food Safety Act 1990, there is an incorrect citation of those regulations as the cases and case in its group Scotland regulations 2016. Does the committee therefore agree to draw the instrument to the attention of the Parliament under general reporting ground on account of the more minor and patent error in the regulations? Does the committee also welcome that the Scottish Government has undertaken to revoke those regulations and will make corrected regulations that would also come into force on 22 December 2016? Does the committee also wish to express its concern that an instrument of such poor quality should have been laid before the Parliament at all? Thank you. Moving now to national health service dietician supplementary prescribers and therapeutic radiographer independent prescribers, Miscellaneous amendments Scotland regulations 2016 SSI 2016 393. In Regulation 3B2, the word or could be used instead of and at the end of sub-paragraph F of the definition of prescriber in regulation 2 1 of the National Health Service General Medical Services contracts Scotland regulations 2004. That would put beyond doubt that the sub-categories listed in that definition are alternatives and not cumulative. On the same basis in Regulation 6B2, the word or could be used instead of and at the end of sub-paragraph F of the definition of prescriber in regulation 2 1 of the National Health Service primary medical services section 17c agreements Scotland regulations 2004. Does the committee agree to draw the instrument to the attention of Parliament under reporting ground each on the basis that the instrument could be made clearer in the aforementioned respects? No points have been raised by our legal advisors on the following instruments. The lion court and office fees variation devolved functions order 2016 SSI 2016 390 or between Regulations Salmon Conservation number 2 order 2016 SSI 2016 391 or the conservation of Salmon Scotland amendment regulations 2016 SSI 2016 392 or the patient rights complaints procedure and consequential provisions Scotland amendment regulations 2016 SSI 2016 401 or the financial assistance for environmental purposes Scotland order 2016 SSI 2016 406. Is the committee therefore content with these instruments? Thank you. Now we move to agenda item 2, which is instruments not subject to any parliamentary procedure and no points have been raised by our legal advisors on the higher education governance Scotland act 2016 commencement transit transitional and saving provisions regulations 2016 SSI 2016 number 382 or the act of sederant rules of the court of session 1994 and sheriff court rules amendment number 5 miscellaneous 2016 SSI 2016 384 or the human trafficking and exploitation Scotland act 2015 commencement number 2 and transitional provisions regulations 2016 SSI 2016 number 385 or education Scotland act 2016 commencement number 2 regulations 2016 SSI 2016 386 or the community empowerment Scotland act 2015 commencement number 5 order 2016 SSI 2016 number 394 or the apologies Scotland act 2016 commencement and transitory provision amendment regulations 2016 SSI 2016 395 or the community empowerment Scotland act 2015 commencement number 6 order 2016 SSI 2016 number 410 however in relation to human trafficking and exploitation Scotland act 2015 commencement number 2 and transitional provisions regulations 2016 SSI 2016 number 385 whilst noting that no policy note was provided at the point of laying the committee may wish to welcome that the Scottish government provided a detailed policy note in response to the committee's questions and that the policy note assisted the committee's subsequent scrutiny of the regulations by clarifying the operation of regulation 3 so does the committee wish to welcome that provision of that policy note thank you and is the committee otherwise content with these instruments thank you we now move to agenda item 3 which is the limitation child abuse of scotland bill and consideration of the delegated powers within that bill and the bill contains only commencement powers set out in section 2 of the bill so the question is in connection with the commencement powers in section 2 3 of the bill does the committee agree to ask the Scottish government under what circumstances could it be either necessary or appropriate for the Scottish government to exercise the power in section 2 3 a to appoint different days for different purposes when commencing section 1 by regulations does the committee also agree to ask the Scottish government in what circumstances could it be either necessary or appropriate for the Scottish government to exercise the power in section 2 3 b to make transitional transitory or saving provision given that the proposed section 17 b of the prescription and limitation scotland act 1973 provides that section 17 a also has effect as regards a right of action which accrues before the date of commencement of section 17 a so does the committee agree thank you thank you so we now move to agenda item 4 which is regarding the criminal finances bill UK Parliament legislation and under this item the committee is invited to consider the powers to make subordinate legislation conferred on the Scottish ministers in the United Kingdom Parliament's criminal finances bill a briefing paper has been provided which suggests that the committee may wish to be content with the powers which the bill delegates to Scottish ministers in clauses 13 25 and 49 of the bill however in relation to the powers in clause 53 of the bill the committee may wish to recommend to the justice committee that in relation to clauses 53 2 and 9 the powers conferred upon the Scottish ministers to make commencement regulations should be subject to the parliamentary procedure which usually applies to commencement regulations that is to say the regulations should be laid before the parliament and not subject to further procedure that is affirmative or negative in accordance with section 32 of the interpretation and legislation reform scotland act 2010 so does the committee agree to report to the justice committee accordingly thank you and you will be happy to know that that is the end of the meeting but our next meeting will be held on Tuesday the 20th of december meantime i thank you for your help and attendance