EC/S2/05/06/A
ENTERPRISE AND CULTURE COMMITTEE 6th Meeting, 2005 (Session 2) Tuesday, 1st March 2005 The Committee will meet at 2 pm in Committee Room 1. 1. Items in private: the Committee will consider whether to take items 5 and 6 in private. 2. Subordinate legislation: Mr Allan Wilson, Deputy Minister for Enterprise and Lifelong Learning, to move motion S2M-2403— that the Enterprise and Culture Committee recommends that the draft Renewable Obligations (Scotland) Order 2005 be approved. 3. Further and Higher Education (Scotland) Bill: the Committee will consider the Bill at Stage 2 (Day 2). 4. Scottish Rugby Union: the Committee will consider issues arising from its recent meeting with a range of representatives from Scottish rugby. 5. Advisers: the Committee will consider possible candidates for the post of adviser for its inquiry into business growth and its inquiry into EU state aids. 6. Review of Area Tourist Boards: the Committee will consider a draft report.
Stephen Imrie Clerk to the Committee Ext. 0131 348 5207
EC/S2/05/06/A The following meeting papers are enclosed:
Agenda Item 2 SSI Cover paper including: The draft Renewables Obligation (Scotland) Order 2005 – hard copy only Agenda Item 3 Members should bring with them copies of the Further and Higher Education (Scotland) Bill, available from the Document Supply Centre or on the Scottish Parliament website: http://www.scottish.parliament.uk/bills/index.htm Members should also bring with them copies of the marshalled list and of the groupings of amendments, available from the Document Supply Centre. Copies of the marshalled list and the groupings will follow as soon as they are available. Agenda Item 5 Shortlist of possible adviser candidates (PRIVATE PAPER) EC/S2/05/06/2 Agenda Item 6 Review of Area Tourist Boards draft report (PRIVATE PAPER) EC/S2/05/06/3 EC/S2/05/06/1
EC/S2/05/06/1 Enterprise and Culture Committee Meeting 1 March 2005 Subordinate Legislation Introduction The following instrument was laid before the Parliament on 3rd February 2005 and is attached at Annex A: the Renewables Obligations (Scotland) Order 2005, (SSI/2005/draft) Purpose of the instrument This Renewables Obligations Scotland (ROS) Order is made under sections 32-32C of the Electricity Act 1989 and imposes an obligation on all electricity suppliers, which are licensed under that Act and which supply electricity in Scotland, to supply to customers in Great Britain specified amounts of electricity generated by using renewable sources. This Order is an affirmative instrument which is subject to approval within 40 days by way of a resolution of the Parliament. This Order is due to come into force on 1 April 2005. Enabiling powers The Order is being made through powers contained in the 1989 Electricity Act. These powers have recently been amended by the Energy Act 2004, and the relevant provisions are currently awaiting transfer to the Scottish Ministers via an order under sections 63 of the Scotland Act 1998. The section 63 order has been laid before the UK and Scottish Parliaments, and is expected to receive the necessary approval before the ROS 2005 takes effect. The Office of the Solicitor to the Scottish Executive has liaised with the legal advisor to the Subordinate Legislation Committee (SLC) and they agree that the SLC and the Enterprise and Culture Committee can consider the draft ROS order in advance of the section 63 order receiving approval. This is done on the basis that the motion for the Scottish Parliament to approve the ROS and the ROS itself will only be made subsequent to the section 63 order coming into force. The ROS 2005 will be withdrawn if the section 63 order is not passed by the UK and Scottish Parliaments. Subordinate Legislation Committee report The Subordinate Legislation Committee (SLC) considered the Renewables Obligations (Scotland) Order 2005, (SSI/2005/draft) at its meeting on 8th February. The SLC noted that the definition of “registered holder” in article 2(1) of this instrument contains a reference to article 8(3), although the term does not appear in that article.
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EC/S2/05/06/1 While the inclusion of this reference does not affect the validity of this instrument, the SLC considered it would be preferable for it to be removed. In light of the timescale for this Order, the Executive has indicated that they would prefer not to withdraw the instrument in this instance but instead make the necessary amendment when the Order is re-made next year. The SLC draws the attention of the Enterprise and Culture Committee and Parliament to the Executive’s undertaking to make the necessary amendment next year. Recommendation The Committee is invited to consider whether it recommend to the Parliament that this draft instrument be approved, in accordance with motion S2M-2403, and any issues that it wishes to raise in reporting to the Parliament on this instrument.
Stephen Imrie Clerk 23 February 2005
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