Justice 1 Committee, 27 Mar 2001

Meeting date: Tuesday, March 27, 2001

Official Report 323KB pdf

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Subordinate Legislation

Item 6 is on subordinate legislation and members have various statutory instruments in front of them. The Subordinate Legislation Committee has drawn our attention to one point, but it refers to the drafting of the explanatory notes and I do not expect anyone to get too excited about that. Does anyone have any comments on any of the instruments?

My comment is all-embracing. It is difficult to see how anyone could object to any of the statutory instruments on adults with incapacity. However, one thing strikes me. The Adults with Incapacity (Scotland) Act 2000 was supposed to remove the complications involved in dealing with the affairs of people who are not capable. It was supposed to make life easier for the people who become their advocates. However, when we see the amount of regulation and the number of forms and overviews that are involved—even though they are perhaps necessary—I wonder whether we are again overcomplicating the issues, especially for cases that involve only small amounts of cash.

That may be the case, Phil, but I cannot comment. I do not think that that is the matter under discussion, but your comment will have been recorded for posterity.

Are members happy simply to note these instruments?

Members indicated agreement.