Official Report 434KB pdf
At item 8, members are invited to consider the delegated powers contained in the Inquiries into Fatal Accident and Sudden Deaths etc (Scotland) Bill as amended after stage 2. The stage 3 debate will take place on Thursday 10 December, so members should agree their conclusions today.
After stage 2, one power to make subordinate legislation has been added. Section 10A(3) inserts new subsections (2A) to (2C) into section 15 of the Legal Aid (Scotland) Act 1986, which is on financial conditions. Subsection (2B) places a duty on the Scottish ministers to make regulations providing for the alternative financial conditions that will apply where certain family members make an application for civil legal aid in respect of a fatal accident inquiry. Regulations affecting financial conditions in the 1986 act are usually subject to the affirmative rather than negative procedure.
Does the committee agree to report that it is content in principle with the power in section 10A(3) and that it recommends that the bill be amended at stage 3 to make the power subject to affirmative procedure?
Members indicated agreement.