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Chamber and committees

Subordinate Legislation Committee, 12 Nov 2002

Meeting date: Tuesday, November 12, 2002


Contents


Instruments Subject to Annulment


Instruments Subject <br />to Annulment


Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No 2)<br />Regulations 2002 (SSI 2002/489)

No points arise.

However, the Executive might usefully have supplied a bit more information on the regulations.


Large Combustion Plants (Scotland) Regulations 2002 (SSI 2002/493)

The regulations seem fine.


Civil Legal Aid (Scotland) Regulations 2002 (SSI 2002/494)

We are on to the perennial question of when is a wean not a wean.

When it is no a bairn, ken?

When do you think that you ceased to be a wean, Brian? Or are you still working on that?

When you have three weans, I think that you can define yourself as no longer being a wean—but not always.

Are they all like you?

Committed new unionists? Yes.

What a terrible thing to dump on your children.

We must ask the Executive a straight question about the definition of "child" in regulation 2(1).

When is a child not a child?

The Convener:

Yes. When does a child stop being a child? On what date?

Is there a mistake in regulation 6(2)? Regulation 6(2) provides that

"an application … shall be determined in terms of Part III below."

However, Part III is on the assessment of resources, which is a different issue from the determination of applications. We should ask the Executive to clarify that matter.

Do we just tiptoe round paragraph 76 of the legal briefing?

Would you like to talk to the issue in paragraph 76, Brian? The issue is whether all couples have the same rights or whether some couples—

Do not have the same rights.

Are more equal than others.

Yes.

Thank you, George Orwell.

I presume that the issue in regulation 11 is the assessment of resources.

Sorry—what does regulation 11 mean?

At face value, it seems to mean that single-sex couples have more rights than mixed-gender couples.

Is that in relation to assessment of resources? I have not seen the printed regulations.

Does the issue of gender come into the assessment of someone's eligibility for legal aid?

Yes.

Really? Well, I suppose it is worth asking the Executive about that. I did not notice that point.

We can ask, "Did you mean this?" However, we should say to the Executive that we think that regulation 11 could do with redrafting because it is ambiguous.

It lacks sufficient clarity.

There you are—"lacks sufficient clarity" is much better. Regulation 11 could be misconstrued. We could find the Executive on the front page of the Daily Record again.

Again?

Is there anything else?

No.


Advice and Assistance (Scotland) Amendment Regulations 2002<br />(SSI 2002/495)

Nul points.


Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2002<br />(SSI 2002/496)

No points arise.

The Executive said that it will consolidate the regulations. We thank it for that.