Justice and Home Affairs Committee,

Meeting date: Monday, May 22, 2000

Official Report 243KB pdf

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Subordinate Legislation

We have agreed to defer consideration of the Divorce etc (Pensions) (Scotland) Regulations 2000 to next week. That leaves the European Communities (Lawyer's Practice) (Scotland) Regulations 2000, SSI 2000/121. The assistant clerk has circulated the usual helpful note, which keeps us right on what this is likely to be about. Members will note that there is information from the Law Society in respect of this statutory instrument.

The regulations are a negative instrument—an instrument that remains in force unless the Parliament passes a resolution calling for its annulment. Any MSP may lodge a motion seeking to annul such an instrument. The relevant date in respect of this statutory instrument is 6 June.

You have moved too fast for me. I wanted to raise a point on the divorce regulations which, quite rightly, Pauline McNeill was concerned about. In paragraph 5 of the Executive note is a list of people the Executive consulted. It says that:

"Some, but not all, were able to respond in the time available".

I would like to know who responded and what the time available was. That might assist us if we try to find out the problems that lurk in this. It goes on to say:

"We have explained to those who were unable to do so that any further points which are raised can be dealt with in the further Regulations".

I do not know what this is about and would like to know more. Should I find that out or can the clerk do it?

It seems that the clerk can do it.

If no one wishes to comment, we shall simply take note of the instrument and move to item 5, which is consideration of the draft committee report on the budget process 2001-02. We have agreed that this item will be taken in private, so I ask that the committee room be cleared of non-committee personnel.

Meeting continued in private until 16:25.