Official Report 88KB pdf
Instruments Subject <br />to Annulment
Criminal Legal Aid (Scotland) (Fees) Amendment (No 2) Regulations 2002 <br />(SSI 2002/440)
Item 3 on the agenda is instruments subject to annulment.
The explanatory note on the regulations seems to be obscurely drafted. Should we raise the matter with the Executive?
Yes. I think that there is just about time to let the Executive know that we are worried about that. We cannot come back to the regulations because, owing to the recess, the 40-day rule comes into play.
We should make the point.
Yes. We will write an informal letter to draw the Executive's attention to the matter. Is that agreed?
Criminal Legal Aid (Scotland) Amendment Regulations 2002 (SSI 2002/441)
No points arise on the regulations.
Criminal Legal Aid (Fixed Payments) (Scotland) Amendment (No 2) Regulations 2002 (SSI 2002/442)
The regulations seem fine.
No points arise on the regulations.
Housing (Scotland) Act 2001 (Housing Support Services) Regulations 2002<br />(SSI 2002/444)
The regulations are okay.
Products of Animal Origin <br />(Third Country Imports) (Scotland) Regulations 2002 (SSI 2002/445)
Our legal advisers have drawn to our attention a number of points about the regulations, which give rise to some questions that we might wish to ask the Executive.
The Executive appears to have breached the 21-day rule. The English regulations were made in May, which suggests that there may have been some foot-dragging on somebody's part.
We shall ask about that.
We could ask why, in the definition of "owner" in regulation 2(1), the words "or part" have been omitted after the word "consignment" the second time that it occurs. That is a small point, but it is worth asking about.
Yes. Our advisers had some difficulty with regulation 4(c).
Indeed.
We could ask the Executive why regulation 33(6) refers to "destination premises", when elsewhere in the regulation the reference is to "destination establishment". Is that being pedantic?
It is, but it is drafting policy to use the same phrases consistently, so it is worth asking the question.
In addition, we could ask why regulation 61(1) does not refer specifically to unincorporated associations and partnerships, given the wording of paragraph 61(3). How will notices and so on be served on such bodies?
We are asking a series of questions.