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Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No 2) Order 2015 (SSI 2015/423)
The order could be clearer in two ways.
First, the meaning of paragraph 75 of schedule 8B to the Police Act 1997 as inserted by article 3(8) of the order could be clearer. Schedule 8B lists offences that require to be disclosed in response to an application for higher-level disclosure, subject to the rules that are contained in the Police Act 1997 as amended by the order. Paragraph 75 of that schedule lists
“An offence under section 67(2) and (3) ... of the Medicines Act 1968”
as such an offence.
The Scottish Government has indicated that the policy intention is to list any offence that is committed under section 67(2) and, separately, any offence that is committed under section 67(3), but, if the words in paragraph 75 are given their ordinary meaning, the paragraph appears to list only an offence that is an offence under section 67(2) and section 67(3). Given the terms of those subsections, it is not possible for an offence under one subsection to constitute an offence under the other subsection. Therefore, the wording gives rise to a risk of confusion for lay readers of the order.
Secondly, the meaning of paragraph 81(c) of schedule 8B to the Police Act 1997 as inserted by article 3(8) of the order could be clearer. The policy intention as indicated by the Scottish Government was to delete paragraph 81(c), as it does not contain any offence. The continued inclusion of the paragraph in schedule 8B therefore gives rise to a risk of confusion for lay readers of the order.
Does the committee therefore agree to draw the order to the Parliament’s attention under reporting ground (h)?
Members indicated agreement.
Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2016 [Draft]
The order raises the same issues as SSI 2015/423, so does the committee agree to also draw it to the Parliament’s attention under reporting ground (h)?
Members indicated agreement.
Welfare Funds (Scotland) Regulations 2016 [Draft]
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Amendment Regulations 2016 [Draft]
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Scottish Public Services Ombudsman Act 2002 Amendment Order 2016 [Draft]
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2016 [Draft]
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
The committee may wish to note that the order fulfils the Scottish Government’s undertaking to bring forward an order under section 55 of the Bankruptcy and Debt Advice (Scotland) Act 2014. The order is made in consequence of that act, and it amends sections 7(2)(b) and 7(4) of the Bankruptcy (Scotland) Act 1985 to bring those provisions into line with section 16 of the Bankruptcy (Scotland) Bill.
Water Environment (Amendment of Part IIA of the Environmental Protection Act 1990: Contaminated Land) (Scotland) Regulations 2016 [Draft]
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.