 Felly, dTiffany Hyffordd pan ddiddent i'r ffordd a wahanol ocllob cy Hospital Cymru, ac siech i'r fforddwyr sydd yn geni unrhyw Majesty Won Llywodraeth a Chynedd. Gendroitechys fuell yn Ymgyrchiantiaid seven is consideration of a paper from the Clark on public engagement. Does the committee agree to take these items in private, please? We agree. 10. 2. Is instrument subject to approval? No points have been raised by illegal advisers on the Scottish landfill tax qualifying material order 2015, SSI 2015 at 45. Is the committee content with that instrument, please? 10. 10. 3. Is instrument subject to affirmative procedure? The Scotland Act 1998, modification of schedules 4 and 5 and transfer of functions to the Scottish ministers etc. Order 2015 draft. The committee may consider that article 5 of the order could be clearer in describing the extent of the functions to be exercisable by the Scottish ministers concurrently with Secretary of State as regards Scotland. Article 5 3A appears to confer on the Scottish ministers any provisions set out in schedule 2 to the representation of the People's Act 1983, subject to the limiting factors described elsewhere in that article. However, article 5 3B then specifically confers only certain paragraphs of schedule 2 to therefore not clear whether only the more limited scope of 5 3B applies. Does the committee therefore agree to draw the order to the attention of the Parliament under reporting ground H as its meaning could be clearer? The committee may wish to note, however, that the Scottish Government does not consider that to present a problem for the order's practical application or to prevent the Government from achieving the overarching puzzle-to-see objective in the event that the Scottish Parliament were to exercise the additional legislative competence that the order confer if made. Does the committee therefore agree to note that? I agree. Thank you. There is the other issue that we spoke about. As members are aware, there is a difference in the form in which the Scottish ministers make subordinate legislation to that used by ministers of the Crown, and there is a need to make provision to reflect that when sharing pre-existing functions with Scottish ministers. We have noted that the most recent transfer of functions order makes express provision for this point to make it clear. The order before us today takes a different or more complex approach relying on more general rules of interpretation. Whilst it can achieve the same result, we might take the view that it is less easy to follow. Does the committee therefore agree that consistency and simplicity of drafting would be more helpful to leaders and that we would encourage such an approach for future orders? I would say that it is with regard to article 53A and 53B. There are apparently inherent contradictions in that. Even if the instrument is fit for the purposes, it should be tidied up subsequently, one would hope. No points have been raised by our legal advisers on Scotland Act 1998, modification of schedule 5, order 2015 draft, the general medical council fitness to practice and overarching objective and the professional standards authority for health and social care references to court order 2015 draft, the charity test specified bodies and the protection of charities assets exemption Scotland amendment order 2015 draft, nor on the proceeds of crime act 2002, disclosure of information to and by the Lord Advocate and Scottish ministers amendment order 2015 draft, nor on the Scottish tax tribunals, voting and offences etc regulations 2015 draft, nor on the revenue Scotland and tax powers act postponement of tax pending a review or appeal regulations 2015 draft, nor the European protection order Scotland regulations 2015 draft, nor the budget Scotland act 2014 amendment 2015 draft, nor the land and buildings transaction tax, tax rates and tax bans Scotland order 2015 draft, nor finally on the Scotland landfill tax standard rate and lower rate order 2015 draft. Is the committee content with these, please? Agender item 4, instrument subject to negative procedure, and we begin with the fire fighters pension scheme Scotland regulations 2015, SSI 2015, 19. Chapter 1 of part 8, the regulations uses the phrase the scheme employer in several places. The term the scheme employer is not defined in the regulations. The correct phrase is the authority, which is defined in regulation 3 as the Scottish fire and rescue service. The use of the term the scheme employer could be confused with the term the scheme manager, which is defined in regulation 3 as the Scottish ministers. Does the committee therefore agree to draw the regulations to the attention that are upon on the general reporting ground? I am perfectly prepared to support that recommendation, but I think that it's worth perhaps the committee also noting that where the Government accepts that the drafting is inaccurate or has errors of one sort or another, the Government should at the very least commit that at the next convenient opportunity they will correct what they accept is an error in the drafting. On this occasion we have not had such an offer and it would be useful through the means of the official report from this meeting for the Government to be aware that we would wish that to be the offer that they make. That does not mean that it will necessarily ever get fixed, but at least it would be a proper acknowledgement that it is something worthy of fixing if an opportunity arises and I would hope that the Government would not. I would agree utterly with that and it's the same in the instrument 2015-38 where the same remarks apply and there has been, which I will speak to in that case at that time. I totally agree that all of these terms, authority, employer, manager etc, should be properly defined and that is the ideal way of doing it. However, I don't really agree that employer and manager are two words that are likely to be confused by most people. I would accept that but, on the other hand, why leave the up and on skin around? Do members, does the committee therefore agree to draw the regulations to the general reporting ground? Turning then to the Revenue Scotland Attacks Powers Act Privileged Communications Regulations 2015-38. Regulation 5.8 requires an application to the tribunal to be made and no later than 20 working days of the date after. The notification given by Revenue Scotland of the documents requires to be produced. The regulation is intended to require such an application to be made, no later than 20 days after the date of the notification, the words of and after have been accidentally and very obviously transposed. Does the committee therefore agree to draw the instruments to the attention of the Parliament on the general reporting ground as Regulation 5.8 contains a patent drafting error? I agree and, as was the previous instrument that we discussed for 2015-19, I too am disappointed that the Government makes no offer of putting an amendment to this at the earliest opportunity, which hitherto has been apparently the normal custom in practice, so I am disappointed that that offer has not been made. I think that it should be made. Otherwise, what is the point of this committee? If such advice, as we might wish to give, is just to be ignored and the mess that has been created inadvertently, of course, remains. Thank you. No points have been raised by our legal advisers on the Little Lock Room scallops several fishery order 2015 SSI 2015-28, nor on the Lock U Isle of U, Wester Ross scallops several fishery order 2015 SSI 2015-30, nor the health and care professions council registration and fees amendment rules of, sorry, rules order of council 2015 SSI 2015-93, nor on the revenue Scotland and tax powers act fees for payment regulations 2015 SSI 2015-36, nor the revenue Scotland and tax powers act involved third party order 2015 SSI 2015-37, nor the non-domestic rates Scotland order 2015 SSI 2015-47, nor the fish labelling Scotland amendment regulations 2015 SSI 2015-48, nor finally on the Scottish courts and tribunals service procedure for appointment of members regulations 2015 SSI 2015-53 is the committee content with these instruments please. Tender item five is instruments not subject to any parliamentary procedure and no points have been raised by our legal advisers on the act of sedentals of the court of session amendment regulation EU number 12 15 2012 2015 SSI 2015-26, nor on the historic environment Scotland act 2014 commencement number two order 2015 SSI 2015-31, nor the act of sedentals rules of the court of session amendment number two regulator reform act regulator reform Scotland act 2014 SSI 2015-35, nor on the reservoirs Scotland act 2011 commencement number two order 2015 SSI 2015-43, nor the public board is joint working Scotland act 2014 commencement number two amendment order 2015 SSI 2015-44, nor on the bankruptcy and debt advice Scotland act 2014 commencement number two savings and transitionals amendment order 2015 SSI 2015-54 is the committee content with those instruments please. Thank you and at that point I move the meeting into private thank you.