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Instruments Subject <br />to Annulment
Victim Statements (Prescribed Offences) (Scotland) Order 2009 (SSI 2009/31)
Item 6 is consideration of Scottish statutory instruments that are subject to annulment, the first of which has points arising.
The committee may wish to note that the order will be revoked by the Victim Statements (Prescribed Offences) (No 2) (Scotland) Order 2009 (SSI 2009/71), but not until 1 April 2009.
Not a week goes by but our papers include an order that is defectively drafted.
I know. Oh well, in this case, all will be put in place on April fools' day.
Victim Statements (Prescribed Offences) (No 2) (Scotland) Order 2009 (SSI 2009/71)
Are we content with the order, which revokes SSI 2009/31?
Regulation of Care (Miscellaneous Amendments) (Scotland) Regulations 2009 (SSI 2009/32)
Are we content to report to the lead committee and to Parliament that we welcome the Government's offer to consider clarifying the terms of the explanatory note, given the differences between the Regulation of Care (Requirements as to Limited Registration Services) (Scotland) Regulations (SSI 2003/150), the Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 (SSI 2002/114), and the Regulation of Care (Registration and Registers) (Scotland) Regulations 2002 (SSI 2002/115)?
Absent Voting at Scottish Local Government Elections (Provision of Personal Identifiers) Regulations 2009 <br />(SSI 2009/35)
Three questions arise on the regulations. The first is whether members are content to report the regulations to the lead committee and the Parliament on the ground that due consideration should be given to the scheduling of related instruments to avoid reference to matters that are conditional on future events, where possible and as a matter of good drafting practice?
Are members also content to report the regulations to the lead committee and the Parliament on the ground that there is sufficient doubt as to whether the power in section 23(2)(c) can be supplemented by the power in section 61(2) so as to permit ministers to specify disclosure by the returning officer? If so, are we agreed that there is also doubt as to whether regulation 18A(2) of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 (SSI 2007/170), as inserted by regulation 10 of these regulations, is within vires?
Following this item, there will be a short examination to check whether members have understood everything.
National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2009 (SSI 2009/37)
Are members content to draw the regulations to the attention of the lead committee and the Parliament on the ground that there has been a failure to follow proper drafting practice in that the citation of section 27(1) of the National Health Service (Scotland) Act 1978 in the preamble appears inappropriate?
Non-Domestic Rates (Levying) (Scotland) Regulations 2009 (SSI 2009/42)<br />Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2009 (SSI 2009/43)
Home Energy Assistance Scheme (Scotland) Regulations 2009 (SSI 2009/48)<br />Advice and Assistance and Civil Legal Aid (Priority of Debts) (Scotland) Regulations 2009 (SSI 2009/49)
Registration of Births, Deaths and Marriages (Fees) (Scotland) Order 2009 (SSI 2009/65)<br />Arrestment Jurisdiction (Scotland) Order 2009 (SSI 2009/66)
Diligence (Scotland) Regulations 2009 <br />(SSI 2009/68)
The committee agreed that no points arose on the instruments.