Delegated Powers and Law Reform Committee

Meeting date: Tuesday, October 4, 2016

Official Report 316KB pdf

Instruments subject to Negative Procedure

Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2016 (SSI 2016/290)

Regulation 2(2)(c) contains a drafting error. New regulation 5(2)(ba) of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 (SI 1989/1490) as inserted by regulation 2(2)(c) of SSI 2016/290 defines a simple procedure case with reference to section 72(3) of the Courts Reform (Scotland) Act 2014, but section 72(3) of that act does not contain a definition of a simple procedure case—rather, it lists types of proceedings that

“may only be brought subject to simple procedure”.

The definition of “simple procedure case” is found instead in section 72(9) of the 2014 act.

The committee notes that the Scottish Government intends to amend the definition of “simple procedure case” in the 1989 regulations some time in advance of the date on which the remaining provisions of the 2014 act that relate to simple procedure come into force. That date is expected to be no earlier than September 2017.

In addition, there is a drafting error in paragraph 2 of the table of civil legal aid fees in new schedule 2A to the 1989 regulations, as inserted by regulation 2(3) of SSI 2016/290 and the schedule to that instrument. The entry in paragraph 2 sets a fee for the time that a solicitor or a solicitor’s clerk spends

“in carrying out work other than that prescribed in paragraphs ... 3 to 6”

of the table. The reference should be to work other than that prescribed in paragraphs 3 to 7.

The Scottish Government intends to correct the error by correction slip but, as the error does not appear to be self-evident, the committee could call on the Scottish Government to correct it by amending instrument.

Do members have any comments? There being none, does the committee wish to draw the Parliament’s attention to the regulations under the general reporting ground?

Members indicated agreement.

Does the committee wish to note that the first error is to be corrected by the laying of an amending instrument?

Members indicated agreement.

Does the committee wish to call on the Scottish Government to correct the second error by the laying of an amending instrument rather than by way of a correction slip?

Members indicated agreement.

Representation of the People (Absent Voting at Local Government Elections) (Scotland) Amendment (No 2) Regulations 2016 (SSI 2016/264)

No points have been raised by our legal advisers on the instrument. Is the committee content with it?

Members indicated agreement.