This item was published during the term of a previous administration that ended in April 2007
Minister for Enterprise and Lifelong Learning, Wendy Alexander today welcomed the announcement by Tony Blair of plans to reduce the regulatory burden on businesses.
The Prime Minister announced that the Queen's Speech will include a deregulation Bill covering 22 areas of red tape. These include some which are reserved and consequently have implications for Scotland and Scottish businesses eg. Gaming machines and weights and measures.
| Sunday Dancing (Home Office) | There is no impact for Scotland |
| In Scotland, the holding of publicly organised dancing on Sundays is governed by the Civic Government (Scotland) Act 1982, the public is admitted or may use facilities, upon payment, for the purposes of entertainment an application for a licence is normally made to the relevant local authority. Although local authorities are given discretion whether or not to licence such activity. |
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| To enable the sale of liquor, places of public entertainment must apply for an entertainment licence under the 1976 Act. The permitted hours for a premises holding an entertainment licence are 11.00am to 11.00pm (Monday to Saturday) and 12.30pm to 2.30pm and 6.30pm to 11.00pm (Sunday). However, regular or occasional extensions to these hours may be made to the local licensing board. |
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| Restaurant licensing hours (Home Office) | There is no impact for Scotland |
| The permitted hours for the sale of alcohol with a table meal may already be extended beyond normal permitted closing time (11.00pm) until 1.00am. |
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| Housing Transfers (DETR) | There is no impact for Scotland |
| As the Scottish Executive does not operate a time limited transfer programme, these proposals to extend the period for completion have no implications for Scotland. No action is required by the Scottish Executive. |
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| Landlord and Tenant Act s.57 (DETR | There is no impact for Scotland |
| No plans to introduce a similar measure in Scotland. This order disapplies an aspect of English law, an equivalent to which does not exist in Scotland. The freedom of contract regime under which commercial leases operate in Scotland works well and assumes a free market in which a landowner and prospective tenant negotiate a price and terms and conditions for the use of an asset for a finite period, freely and without compulsion |
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| Repeal of Trading Stamps Act (DTI) | Extends to Scotland |
| This covers a reserved area and applies to Scotland. There are no specific Scottish aspects and the Executive supports the order. |
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| Reform of Unsolicited Goods and Service Act (DTI) | Extends to Scotland |
| This covers a reserved area and applies to Scotland. There are no specific Scottish aspects and the Executive supports the order. |
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| Reform of Gambling - Bingo (Home Office) | Extends to Scotland |
| The proposed order will amend the Gaming Act 1968. Under the Scotland Act 1998, Gaming is a reserved issue. |
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| Building Regulations (DETR) | Consultation completed. Green Paper planned next year. |
| we have separate legislation for building and a different form of building regulations. We are in the process of a fundamental review. A public consultation on the problems with the current building control system was completed in July this year, and the intention is to issue a Green paper outlining proposals in July 2001. |
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| Reform of charity law (Home Office/Charity Commission) | Following Report of Scottish Charity Law Review Commission |
| While the Home Office / Charity Commission proposals will apply only in England and Wales, the Scottish Executive will take them into account when considering the forthcoming report of the Scottish Charity Law Review Commission. |
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| NHS Accounting for charitable funds (DoH) | There is no impact in Scotland |
| There are already similar provisions in Scottish law, as well as ongoing consideration by the Scottish Charity Law Review Commission. |
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| Births and Deaths - errors on certificates (ONS/HMT) | There is no impact in Scotland |
| In Scotland, provision is made for the correction of errors under Section 42 of the Births, Deaths and Marriages (Scotland) Act 1965. This enables the Registrar General for Scotland to authorise registrars or district examiners to make certain corrections. If for any reason he refuses to do so, the informant may appeal to the sheriff whose decision in the matter will be final. |
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| Rehabilitation of offenders - cautions, reprimands and final warnings | There is no impact in Scotland |
| As cautions, reprimands and final warnings are not applicable in Scotland there is no need for similar action |
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| Sexual Offences and access to victim material (Home Office) | Code of conduct already in existence |
| Although there was no evidence of significant problems having arisen in relation to the disclosure of sensitive material to defence solicitors in Scotland, the Law Society of Scotland revised its Code of Conduct for defence agents in 1998 to include guidance on controlling access to sensitive material. |
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| Voluntary aided schools capital funding arrangements (DfEE) | There is no impact in Scotland |
| This proposal has no implications for Scotland because we do not have voluntary aided schools. In Scotland, all local authority schools, including the denominational schools, are managed by the education authorities. |
| After-hours childcare at schools (DfEE) | There is no impact in Scotland |
| There is no need for any parallel action in Scotland. Local authorities in Scotland are empowered through section 27 of the Children (Scotland) Act 1995 to provide day care for children who are not in need. (There is a duty placed on local authorities to provide day care for children in need). Schools, as off-shoots of local authorities can deliver childcare. |
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| Weights & measures (DTI) | Extends to Scotland |
| Weights and Measures is an entirely reserved matter and consequently the Order will impact upon Scotland as in England. There is no action for the Executive in order to comply. |
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| Abolition of 20 partner limit (DTI) | For consideration when Joint Law Commission Report received |
| The law in relation to contract is within the legislative competence of the Scottish Parliament so it would be within the Scottish Executive's powers to legislate on such matters in relation to Scotland. However, the 1977 Act and the 1999 Regulations als |
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| Fire safety (Home Office | Separate Bill will follow |
| The intention is that a separate Bill for Scotland be brought forward when there is time for it. Meanwhile, the Scottish Executive is in contact with the Home Office as their proposals are developed. |
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| Unfair contract terms (DTI) | For consideration when Joint Law Commission Report received |
| The law in relation to contract is within the legislative competence of the Scottish Parliament so it would be within the Scottish Executive's powers to legislate on such matters in relation to Scotland. However, the 1977 Act and the 1999 Regulations also concern consumer protection matters, which are reserved to the UK Government by virtue of Section C7 of Schedule 5 to the Scotland Act. Consequently, it will be necessary for the DTI and the Scottish Executive to take forward proposals jointly when the Law Commissions' report is received. |
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| Business tenancies (DETR) | There is no impact in Scotland |
| This order amends an English statute, an equivalent to which does not exist in Scotland. The freedom of contract regime under which commercial leases operate in Scotland works satisfactorily at present. |
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| Unlimited New Years Eve deregulation (Home Office) | There is no impact in Scotland |
| Once again the permitted opening hours of licensed premises is governed by the Licensing (Scotland) Act 1976. Licence holders may apply to their local licensing board for an occasional or regular extension to there permitted hours to allow their premises to open later than the permitted hour of 11.00pm. |
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| Gaming Machines (Home Office) | Extends to Scotland |
| Under the Scotland Act 1998, Gaming is a reserved issue. The Home Office plans to modernise the law on gaming machines, to allow them to be played using banknotes and smart cards rather than by coins alone will therefore extend to Scotland |
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