Delegated Powers and Law Reform Committee
Meeting date: Tuesday, June 27, 2023
Official Report 451KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Under agenda item 3, we are considering instruments subject to the negative procedure. An issue has been raised on the following instrument.
Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No 3) Regulations 2023 (SSI 2023/178)
The instrument makes various amendments to legal aid fees and eligibility in Scotland. The committee identified errors inserted by the instrument into schedule 2 to the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 in relation to chapter 1 of part 3 of the table of fees. In new paragraph 3(cb)(i), the reference to paragraph 1AA(d) should be to 1AA(e). In new paragraph 3(cb)(iii), the reference to paragraph 1AA(e) should be to 1AA(f). Those references are all in relation to chapter 1 of part 3 of the table of fees.
The Scottish Government has confirmed that those are cross-referencing errors and has undertaken to rectify them by correction slip, or at the next suitable legislative opportunity.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, for those cross-referencing errors?
Members indicated agreement.
At the same time, does the committee wish to note that the Scottish Government has undertaken to correct the errors by correction slip, or at the next suitable legislative opportunity?
Members indicated agreement.
The committee also identified an apparent error introduced by the instrument into the same schedule to the 1989 regulations by substituting the word “accused” for “expert” in paragraph 16A(1)(b), which results in heads (b) and (d) of the paragraph being identical. The Scottish Government has undertaken to rectify the duplication at the next suitable legislative opportunity.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), in that the meaning could be clearer and in relation to that duplication, as it could raise doubt in the mind of the reader as to what the provision is intended to say?
Members indicated agreement.
Does the committee wish to note that the Scottish Government has undertaken to rectify the duplication at the next suitable legislative opportunity?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instruments.
National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2023 (SSI 2023/181)
Deer (Close Seasons) (Scotland) Amendment Order 2023 (SSI 2023/184)
Is the committee content with the instruments?
Members indicated agreement.