Justice 1 Committee,

Meeting date: Wednesday, May 5, 2004

Official Report 197KB pdf

---

Subordinate Legislation

Item 2 is subordinate legislation. There are four instruments on today's agenda, which are all subject to negative procedure. Members have copies of the note attached to each instrument outlining what the instrument is about.

---

Sexual Offences Act 2003<br />(Prescribed Police Stations) (Scotland)<br />Regulations 2004 (SSI 2004/137)

I refer members to the note prepared by the clerk on the Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Regulations 2004. Do any members wish to comment? Does the committee agree just to note the regulations?

Members indicated agreement.

---

Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 2004 (SSI 2004/149)

I refer members to the note prepared by the clerk on the Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 2004. Do any members wish to comment? Does the committee agree just to note the instrument?

Members indicated agreement.

---

Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment) 2004 (SSI 2004/152)<br />Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment No 2) 2004 (SSI 2004/196)

I draw to members' attention the link between the final two instruments, as the latter is intended to correct an error in the former. Paragraph 2(2) of the Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment No 2) 2004 substitutes paragraph 3(e) of the Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment) 2004, which omitted a provision for fees relating to

"lodging and intimating or for considering note of the basis of preliminary plea".

Members will know that the Subordinate Legislation Committee, at its meeting on 4 May, identified a further error. That just shows that the committee is on the ball. However, it is content with the decision by the Scottish Court Service to reject the option of a further amendment—members will be pleased to hear that—because it believes that the interpretation will be clear. That is efficient. Often, we do not find out that there is a mistake until much later.

I am a member of the Subordinate Legislation Committee. The situation is slightly strange. The original instrument contained an unacceptable error and the Executive is to be congratulated on producing an amendment quickly. However, the speed with which the amendment was drafted has led to a further error. The error in the amended instrument is a typo referring to the wrong paragraph. However, the meaning is clear. Although the paragraph that is referred to does not exist, any person reading the instrument would be able to recognise the paragraph that ought to be referred to.

The Subordinate Legislation Committee wanted the Justice 1 Committee to note that fact, but there does not seem to be any solid ground for asking the Executive to produce another amendment, which would create further confusion. Therefore, although the amendment is technically incorrect because of defective drafting, it is probably best for us to accept it as it is. The Scottish Court Service is aware of the mistake and I am sure that future instruments will be slightly better.

Thank you for that. I have only one comment on the instrument, which concerns solicitors and witnesses in the sheriff court. The provision relating to witnesses is very small, but when I first saw the instrument I thought that it provided an opportunity for me to raise an issue about the level of witness payments. I understand that a review of that is under way. With the committee's indulgence, I shall write to the Lord Advocate to ask whether such a review is under way and when we are likely to see its conclusions.

Members indicated agreement.

As there are no other comments, is the committee happy to note the instrument and its amendment?

Members indicated agreement.

A joint meeting with the Justice 2 Committee will take place on Tuesday 11 May in committee room 2, at which we will consider our draft report on the budget process. The next meeting of the Justice 1 Committee will be on Wednesday 12 May in the Hub, at which we will hear from the Law Society of Scotland, Professor Kenneth Norrie and the Deputy Minister for Justice on the Civil Partnership Bill. I thank members for their attendance today.

Meeting closed at 12:48.