Subordinate Legislation Committee

Meeting date: Tuesday, November 6, 2012

Official Report 261KB pdf

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Instruments subject to Negative Procedure

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Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2012 (SSI 2012/276)

There is a drafting error in regulation 12, where it inserts regulation 3A(g) of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (SI 1989/1491). Regulation 3A(g) refers to

“an offence under section 1 of the 1998 Act (causing death by dangerous driving)”,

when it is intended to refer to the Road Traffic Act 1998.

No—

It is the Road Traffic Act 1988—you see how easy it is to mix up the dates.

Does the committee therefore agree to draw the regulations to the attention of the Parliament on the general reporting ground?

Members indicated agreement.

At the same time, does the committee welcome the fact that the Scottish Government has undertaken to bring forward an amending instrument as soon as possible to correct that error?

Members indicated agreement.

I particularly welcome that fact. It is important that we welcome it when the Government and others immediately offer to amend legislation that is incorrect.

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INSPIRE (Scotland) Amendment Regulations 2012 (SSI 2012/284)

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Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No 2) Order 2012 (SSI 2012/285)

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Road Works (Maintenance) (Scotland) Amendment Regulations 2012 (SSI 2012/286)

The committee agreed that no points arose on the instruments.