Official Report 107KB pdf
Road Traffic (NHS Charges) Amendment (Scotland) Regulations 2002 (SSI 2002/56)
There was a question of whether the regulations complied with proper legislative practice. We asked the Executive why there was not an italic headnote in the regulations. The Executive's response is that the regulations should have had such a headnote. The Executive thanks the committee for that observation and will put the matter right. That is fine.
Scottish Social Services Council (Appointments, Procedure and Access to the Register) Amendment Regulations 2002 (SSI 2002/60)
There is a question of defective drafting in these regulations, which we must draw to the lead committee's attention. It is simply that a consequential amendment has not been made to a principal regulation. We are not certain that that will make much difference, but we will point out the matter to the lead committee, which will take it from there.
Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 (SSI 2002/62)
The different problem with this instrument was that it was gobbledegook. Article 5(5) of the order refers to the monitoring process that is required under the Race Relations Act 1976. We were not sure who was monitoring whom.
I was not sure what article 5(5) was supposed to mean. Having read the Executive's response, I am not much clearer about the matter. Our legal adviser's opinion is that article 5(5) could be clearer. We must report to the lead committee that we are not satisfied with the clarity of the drafting.
Yes. It is very convoluted stuff. We will notify the lead committee.