Subordinate Legislation Committee

Meeting date: Tuesday, June 15, 2010

Official Report 258KB pdf

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Instruments subject to Annulment

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Census (Scotland) Regulations 2010 (SSI 2010/211)

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Census (Scotland) Amendment Regulations 2010 (SSI 2010/215)

Scottish statutory instrument 2010/215 amends SSI 2010/211, which contains a number of errors that our legal adviser spotted, so we will consider the two instruments together.

It was pointed out to the Government that the drafting of the original instrument—SSI 2010/211—was defective in the respect that the second individual questionnaire, which is paper HI, in schedule 2 is incomplete. In particular, as it stands, the questionnaire does not cover the particulars set out in item 23 of schedule 2 to the Census (Scotland) Order 2010 (SSI 2010/187).

It was also considered that the instrument’s meaning could be clearer in two respects. First, schedule 1 prescribes the title of the form for each category of prescribed person and regulation 5 provides that the form is set out in schedule 2 under that title. However, the forms in schedule 2 are not set out under the specific titles given in schedule 1.

Secondly, the reference in regulation 15(4)(c) to “reply-paid envelope” is intended to cover both “reply-paid envelope” and “reply-paid individual envelope”. That could be made clearer either by making a specific reference to “reply-paid individual envelope” or by simply referring to “the envelope provided”.

Those issues are addressed by the Census (Scotland) Amendment Regulations 2010 (SSI 2010/215). We should welcome the swift action taken to correct SSI 2010/211. It was mince, but it is better now.

Are members happy to report on the instruments accordingly?

Members indicated agreement.

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Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010 (SSI 2010/213)

Are members content with the response from the Scottish Government that the regulations will not be brought into force within 21 days of their being laid?

Members indicated agreement.

Although the amendment that is made by the regulations with respect to section 14(2) of the Family Law Act 1986 repeats certain words of text, we may consider that the repetition is not such as to render the overall meaning of the provision unclear. Are members happy with that?

Members indicated agreement.

We could therefore report the regulations on the basis that the provision could have been made clearer by avoiding a repetition of text, but that the duplication is not considered such as to be likely to affect the validity or operation of the regulations. Is that agreed?

Members indicated agreement.

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Knives etc (Disposal of Forfeited Property) (Scotland) Order 2010 (SSI 2010/214)

Do members agree to report that we accept the explanation provided by the Scottish Government as to why the order makes no provision as to the vesting of property that is not the subject of an application for a recovery order; that insofar as article 4 seeks to apply to property in respect of which a recovery order has been granted there is a doubt as to whether the order is intra vires; and that although there is no immediate need to correct the order, it would be good practice to do so promptly?

Members indicated agreement.

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Seed (Scotland) (Miscellaneous Amendments) Regulations 2010 (SSI 2010/219)

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National Lottery etc Act 1993 (Amendment of Section 23) (Creative Scotland) Order 2010 (SSI 2010/223)

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Scottish Social Services Council (Appointments, Procedure and Access to the Register) Amendment Regulations 2010 (SSI 2010/224)

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Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2010 (SSI 2010/238)

The committee agreed that no points arose on the instruments.