Executive Response
Local Governance (Scotland) Act 2004 (Severance Payments) Regulations 2006 (SSI 2006/471)
We put three questions to the Executive on the regulations.
On our first point in relation to the purpose and effect of the words in regulation 3, the Executive acknowledges that they might not strictly be required but that they are helpful to the reader. It might not be considered good drafting practice to include unnecessary provisions in legislation, although it does not invalidate the regulations in this case.
I suppose that we could draw all that to the attention of the usual suspects on the ground of failure to follow proper legislative practice and just leave it at that.
Members indicated agreement.
Secondly, we asked about the purpose and effect of the reference to the date of making an application, and about the three-week time limit specified in regulation 6(3). The Executive has explained that the purpose of the provision is to allow leeway in the submitting of applications to take account of exceptional circumstances. However, the circumstances do appear to be strange, particularly the reference to the three-week period. The regulations appear to draw a distinction between the making of an application and the submission of that application, and it may be that those activities are getting somewhat confused. It could well be that if there is anything in that, it is for the lead committee to delve into. We will just tell the lead committee and the Parliament what has happened.
Finally, we asked for an explanation of the purpose and effect of the reference to January 2007 in regulation 6(10), and of the arrangements for the publication of the names of those who have exercised their right to make a late application.
Regulation 6(10) could well be interpreted in the manner intended, although the provision is somewhat ambiguous. I suppose that all that we can do is draw the provision to the attention of the lead committee and Parliament on the ground that further information was requested from and supplied by the Executive. We could then point out the defective drafting of regulation 6(10), while also pointing out that it does not affect the validity of the regulations.