Official Report 73KB pdf
Because of a requirement to ensure consistency in the drafting with the Lord Chancellor's Department, which is implementing the regulations for England and Wales, the instrument is in breach of the 21-day rule. It is strange that, on a matter that is entirely devolved to the Scottish Parliament and on which Scottish legal practice is different, we should have to dovetail with the regulations in England and Wales. Perhaps we could ask why that is necessary.
I think the Executive is aware that the situation is complex.
We should make the point that, quite apart from the fact that we are dovetailing with the Lord Chancellor's Department, the obligation to introduce the regulations has been known about since May 2000. We should ask why we are running so close to the wire.
That is a good point and we have raised similar points before. I know that clarity is important for such regulations. I had difficulty working through the variety of regulations on jurisdiction when I was in private practice. Clear guidance would be beneficial—it would be simpler if such matters were clear to everyone.