Subordinate Legislation Committee, 15 Sep 2009

Meeting date: Tuesday, September 15, 2009

Official Report 84KB pdf

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Draft Instrument subject to Approval

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Draft Instrument subject <br />to Approval

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Health Board Elections (Scotland) Regulations 2009 (Draft)

Do we agree to report to the lead committee and the Parliament that the Scottish Government's response has not assisted us in establishing how, as a matter of law, the eligibility of voters is to be established in circumstances where a person could be entitled, under the criteria set out in rule 5 of the schedule to the regulations, to vote in both Fife health board and Dumfries and Galloway health board elections, and that the meaning and effect of the regulations could be clearer in that respect?

Members indicated agreement.

I think that that would be helpful to the Government.

Do we also agree to report that failure to make specific provision for such circumstances and leaving the matter to the discretion of individual returning officers is considered an unusual exercise of the power, given that the Health Boards (Membership and Elections) (Scotland) Act 2009 anticipated that criteria for eligibility would be set in the regulations rather than in guidance, and approved by Parliament?

Members indicated agreement.