Justice Committee

Meeting date: Tuesday, February 1, 2011

Official Report 573KB pdf

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Subordinate Legislation

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Civil Legal Aid (Scotland) Amendment Regulations 2010 (SSI 2010/461)

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Advice and Assistance (Scotland) Amendment Regulations 2010 (SSI 2010/462)

At its meeting last week, the committee agreed to write to the Scottish Government to seek further information on the instruments. I direct members to paper 3 for the Cabinet Secretary for Justice’s response to the committee’s request. As members have no comments, are they content to note the instruments?

Members indicated agreement.

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Community Payback Orders (Prescribed Persons for Consultation) (Scotland) Regulations 2011 (SSI 2011/1)

Under item 5, we have three further negative instruments for consideration.

On SSI 2011/1, I refer members to paper 4, which shows that the Subordinate Legislation Committee drew the Parliament’s attention to the use of the expression “one or more” in regulation 2(e) to 2(g). That committee considered that that appeared to represent an unusual or unexpected use of the powers that the parent statute conferred. Do members have comments?

The Subordinate Legislation Committee is right, because the obligation to consult community councils in an area is not particularly onerous. Most, if not all, community councils have e-mail addresses and so on; the regulations do not really lay matters down.

It is not worth objecting to the regulations on that basis but, if other members agree, perhaps the Government should note our comments for future interpretation and for how it carries the regulations into practice.

I see your argument precisely. That view has merit, but it would not be worth while objecting to the regulations. Is anyone otherwise minded?

I am happy with the regulations. The Government’s response refers to the northern community justice authority, which has many community councils in its area. Giving local authorities discretion does not prevent them from contacting all community councils, if they wish.

We note that point, too. Are members content to note the regulations?

Members indicated agreement.

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Restriction of Liberty Order and Restricted Movement Requirement (Scotland) Regulations 2011 (SSI 2011/3)

I refer members to paper 5. The Subordinate Legislation Committee drew no matters to the Parliament’s attention in relation to the regulations. As members have no comments, are we content to note the regulations?

Members indicated agreement.

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Disposal of Court Records (Scotland) Amendment Regulations 2011 (Draft)

I refer members to paper 6. The regulations form a draft negative instrument, which may be made 40 days after being laid, unless the Parliament resolves in that period that it should not be made. The Subordinate Legislation Committee drew no matters to the Parliament’s attention in relation to the regulations. As members have no comments, are they content to note the regulations?

Members indicated agreement.

12:46 Meeting continued in private until 13:00.