Delegated Powers and Law Reform Committee

Meeting date: Tuesday, October 3, 2023

Official Report 443KB pdf

Instruments subject to Affirmative Procedure

Under agenda item 2, we are considering two instruments subject to the affirmative procedure. An issue has been raised on the following instrument.

Mental Health (National Secure Adolescent Inpatient Service: Miscellaneous Amendments) (Scotland) Regulations 2023 [Draft]

The instrument relates to a new medium secure mental health hospital, which is due to open in January 2024—the national secure adolescent in-patient service in Foxgrove. It will be a hospital for children and young people aged 12 to 17 inclusive.

In correspondence with the Scottish Government, which has been published alongside the agenda for this meeting, the committee asked for more information on whether consideration had been given to the appropriateness of applying to under-18s, without modification, a set of conditions for the right of appeal against being held in excessive security, when those conditions appeared to have been designed with adults in mind. Having considered the Scottish Government’s response, the committee is satisfied that due consideration has been given to the matter.

The committee also highlighted that the title of the instrument appears unusual, particularly the use of a colon, and asked the Scottish Government whether that is in line with current standard drafting practice. In its response, the Scottish Government stated that the use of the colon is a suitable choice, because it links the two sections of connected text. Nevertheless, the committee considers that consistency in the naming conventions for instruments is desirable. The committee considers that it is unusual to use a colon in the title of the instrument and that this should be discouraged. The committee considers that it would have been more usual to have brackets around the term “Miscellaneous Amendments”.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in that the title is not in line with standard drafting practice?

Members indicated agreement.

Does the committee also wish to draw its correspondence with the Scottish Government to the attention of the Health, Social Care and Sport Committee, for its information, in relation to the additional material that the Scottish Government provided in its response to the committee’s first question?

Members indicated agreement.

Also under this agenda item, no points have been raised on the following instrument.

Heat Networks (Supply Targets) (Scotland) Regulations 2023 [Draft]

Is the committee content with the instrument?

Members indicated agreement.