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Chamber and committees

Subordinate Legislation Committee, 12 Apr 2005

Meeting date: Tuesday, April 12, 2005


Contents


Instruments Subject to Annulment


Instruments Subject <br />to Annulment


Invergarry-Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Toll Order (Revocation) Order 2005 <br />(SSI 2005/167)

There are no points of substance on the order. Are there any further points?

It seems strange that it is necessary to revoke something that was not properly assigned: it was illegal to charge tolls in the first place. However, the order is perfectly all right.

Robbie the Pict will be proud

He will indeed. An instrument was in place so it had to be revoked.

There are no substantive points.


Advice and Assistance (Scotland) Amendment (No 2) Regulations<br />2005 (SSI 2005/171)

I do not know whether members want to raise the issue of consolidation.

Yes.

I gather that this is the seventh time that the regulations have been amended.


Building (Forms) (Scotland) Regulations 2005 (SSI 2005/172)<br />TSE (Scotland) Amendment Regulations 2005 (SSI 2005/173)


Mental Health (Fee Payable to Designated Medical Practitioners) (Scotland) Regulations 2005 (SSI 2005/175)<br />Mental Welfare Commission for Scotland (Prescribed Persons) Regulations<br />2005 (SSI 2005/176)

No substantive points have been raised on the regulations.


National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No 2) Regulations 2005 (SSI 2005/179)

The Convener:

The regulations breach the 21-day rule. Although we have received an explanation, which is that the Executive wanted to bring the regulations out at the same time as the English ones, I wondered whether we should ask further why that was not accommodated in our time schedule.

Mr Maxwell:

I think that we should. It is stretching credulity a bit far to suggest that it came as a surprise and a shock to the Executive that those regulations were on the horizon. Its explanation for breaching the 21-day rule may be correct, but it seems unlikely. We should at least ask the Executive when it first knew that the regulations were coming.

Members indicated agreement.

The drafting of regulation 6 is arguably defective as there is no cross-reference to the principal regulations. Is that agreed?

Members indicated agreement.


Police Pensions Amendment (Scotland) Regulations 2005 (SSI 2005/200)

There are no substantive points on the regulations.


Intensive Support and Monitoring (Scotland) Amendment Regulations 2005 (SSI 2005/201)

The Convener:

We made a number of recommendations on the principal regulations. Members will be pleased to hear that most of those have been acted on.

The first point that we raised was a concern about the vires of regulation 4. A new regulation 4, which removes the provision that was of concern and deals with the committee's concern in relation to regulation 6(e), has been made. I think that we will be content with that.

Members indicated agreement.

The Convener:

Our second concern was that the definitions of "crisis response service" and "movement restriction care plan" in the principal regulations went beyond mere definitions and imposed substantive requirements. The amending regulations remove the definitions.

It is interesting that the Executive initially rejected the committee's arguments but then sneaked in the changes that we proposed. However, it is good that the Executive agreed with us.

The Convener:

We must welcome the Executive's about-turn.

The third issue was the breach of the 21-day rule, but given that the timescale for the principal regulations was okay and the Executive has addressed our concerns, we can excuse the breach.

However, we are still not happy about the fourth point, which was the failure to cite section 70(12) of the Children (Scotland) Act 1995. The Executive might argue that section 70(13) of the 1995 act deals with the matter—that relates to the issue about regulation 6(e) of the principal regulations, which I mentioned. However, our legal advice is that section 70(12) should be cited. Do members agree to ask the Executive about that?

Members indicated agreement.


Mental Welfare Commission for Scotland (Authorised Persons) Regulations 2005 (SSI 2005/205)<br />Mental Health (Provision of Information to Patients) (Prescribed Times) (Scotland) Regulations 2005 (SSI 2005/206)

No substantive points have been identified on the regulations.