Subordinate Legislation Committee, 06 Dec 2005
Meeting date: Tuesday, December 6, 2005
Official Report
127KB pdf
Executive Responses
Criminal Legal Aid (Scotland) (Fees) Amendment (No 2) Regulations 2005<br />(SSI 2005/584)
As a member of the Faculty of Advocates, I have a direct financial interest in the regulations, which makes it a little difficult for me to convene this part of the meeting. I will explain the issue and then take no part in what members decide.
The Executive was asked for an explanation of the vires of regulation 2(1), which appeared to give retrospective effect to the instrument in respect of fees recoverable in proceedings before the coming into force of the instrument on 10 December 2005. The Executive has acknowledged that the instrument has retrospective effect, as we thought, and that the parent act does not contain any express enabling power to authorise retrospection. However, the Executive considers that the powers in the parent act do not prevent the approach that has been taken, provided that retrospective application of the regulations does not create any unfairness for those affected by them. That is the issue; I will say no more until members tell the clerks what they want them to do.
I think that we should draw the attention of the lead committee and the Parliament to the regulations on the two grounds that you have just covered, which relate to issues of retrospectivity and vires.
Do we agree to follow that suggestion?
Members indicated agreement.
Bovine Products (Restriction on Placing on the Market) (Scotland) (No 2) Regulations 2005 (SSI 2005/586)
The committee noted that the Joint Committee on Statutory Instruments criticised equivalent regulation 3 of the English regulations and raised doubts as to the implementation of the European Union decision. We asked the Executive to comment on that.
The Food Standards Agency indicates that it does not agree with the construction placed on the equivalent of regulation 3 by the Joint Committee on Statutory Instruments and considers that the effect of the decision is properly and fully reflected by regulations 3(1) and 3(2) of the instrument.
Do we agree to draw the issue to the attention of the lead committee and outline to it the issue that has been raised and the positions that have been taken, with an instruction that it may proceed as it wishes?
Members indicated agreement.