Subordinate Legislation Committee, 14 Sep 2004

Meeting date: Tuesday, September 14, 2004

Official Report 138KB pdf

---

Draft Instruments Subject to Approval

---

Draft Instruments Subject <br />to Approval

---

Housing Grants<br />(Assessment of Contributions) (Scotland) Amendment Regulations 2004 (draft)

No points have been identified on the regulations. Members will remember that we made points about the regulations; it seems that they have been taken on board.

---

Freedom of Information<br />(Fees for Required Disclosure) (Scotland) Regulations 2004 (draft)

Our legal advisers have raised the issue of the vires of regulation 4(4), which deals with the fees notice that

"shall set out the manner in which the fee has been calculated."

It is argued that the parent act did not allow for such a regulation to be inserted. The question of the fees notice will appear in the guidance and the code of practice, so should it also be in the regulations? Obviously, that is a question of vires. Are members quite happy that we ask the Executive about that?

Members indicated agreement.

I hope that the Executive can enlighten us.

---

Ethical Standards in Public Life etc (Scotland) Act 2000 (Modification of National Parks (Scotland) Act 2000) Order 2004 (draft)

The order is intended to bring the national parks into line with the model code of conduct under the Ethical Standards in Public Life etc (Scotland) Act 2000. I remember that act well from my time on the Local Government Committee.

There are no points arising on the order.