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Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2002 (SSI 2002/450)
We have two negative instruments before us, the first of which is the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2002. No member has raised any points on the regulations and no motion to annul has been lodged.
The Subordinate Legislation Committee has raised the point that the instrument is defective. The committee reports that the Executive's response is that it agrees that the drafting could be misleading and that it will amend the regulations. What is the procedure in a situation in which we have to tell the Parliament to pass an instrument that the Executive agrees is defective and which it will amend? Would it not be more appropriate to withdraw the instrument and bring it back at a later stage?
As we have discussed in the past, the procedure is for the Subordinate Legislation Committee to draw the attention of the lead committee to what it regards as defective drafting. Although the committee does that on many occasions, the defect in the drafting may not be serious enough to require the annulment of the instrument. Given that the Executive has indicated that it will lodge a suitable amendment, it is not necessary for us to take that approach. Even if the committee wished to do so, there is a requirement for a member to lodge a motion of annulment. As no motion to annul has been lodged, we cannot take that approach on this occasion. On that basis, are members content? Do members agree that we have nothing to report on the instrument?
Are we in a position to ask the Executive to introduce the new instrument as quickly as possible?
The Executive has indicated to the Subordinate Legislation Committee that it will do so. If we were also to make that request, we would duplicate the work of the Subordinate Legislation Committee.
Or reinforce the point.
To be honest, I think that a request from us would be superfluous.
Members indicated agreement.
Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2002 (SSI 2002/451)
No member has raised any points on the regulations and no motion to annul has been lodged. I take it that the committee has nothing to report on the regulations. Are we agreed?
Members indicated agreement.
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