Subordinate Legislation Committee,

Meeting date: Tuesday, May 14, 2002

Official Report 86KB pdf

---

Instruments Subject to Annulment

---

Instruments Subject <br />to Annulment

---

Adults with Incapacity (Medical Treatment Certificates) (Scotland) Regulations 2002 (SSI 2002/208)

The enabling power for the regulations does not specify who is to make the regulations to which that power refers. We may want to consider asking the Executive whether it has anything to add to its previous observations on that point, as such issues have already arisen on other instruments made under the Adults with Incapacity (Scotland) Act 2000. Section 87(1) of that act defines "prescribed" to mean prescribed by regulations, but neither that section nor section 47(5), which is the enabling power for the regulations, states directly who should make the regulations. That is problematic.

We will ask the Executive whether it wants to say anything. I suspect that it will just come back with the same comments that it has made on other instruments under the parent act, but we should draw that to the Executive's attention.

---

Registration of Fish Farming and Shellfish Farming Businesses Amendment (No 2) (Scotland) Order 2002 (SSI 2002/220)

No points arise on the order.