Justice Committee

Meeting date: Wednesday, March 16, 2011

Official Report 329KB pdf

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Subordinate Legislation

I welcome everyone to the Justice Committee’s final meeting of session 3. I remind members and others to turn off their mobile phones and other electronic devices. We have received no apologies for absence.

Agenda item 1 is consideration of six negative instruments. As the Subordinate Legislation Committee reported on the instruments only yesterday afternoon, the relevant extracts from its report have been included in paper 8. I remind members that if they have questions on any of the instruments, further information can be obtained from the Government, but that, unless a further committee meeting is arranged, decisions on instruments cannot be deferred pending receipt of such information.

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Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2011 (SSI 2011/150)

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Licensing (Scotland) Act 2005 (Consequential Provisions) Amendment Order 2011 (SSI 2011/187)

Papers 1 and 2 relate to the orders. The Subordinate Legislation Committee reported that the drafting of paragraph 3(4) of the schedule to SSI 2011/150 appears to be defective and that paragraph 4(2)(a) of that schedule contains a drafting error. The Scottish Government subsequently laid SSI 2011/187 to address those concerns. The Subordinate Legislation Committee is satisfied with the amendment order and welcomes the Government’s prompt response. Do members have any comments? If not, are we content to note the orders?

Members indicated agreement.

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Police Pensions (Amendment) (Scotland) Regulations 2011 (SSI 2011/154)

Paper 3 relates to the regulations. The Subordinate Legislation Committee drew the regulations to the committee’s attention on the basis of a misplaced word in schedule 2. The Scottish Government acknowledged the drafting error and intends to rectify it at the printing stage. Do members have any comments? If not, are we content to note the regulations?

Members indicated agreement.

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Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2011 (SSI 2011/160)

Paper 4 relates to the regulations. The Subordinate Legislation Committee reported that the meaning of regulation 4(c) and of two paragraphs in table of fees A could be clearer. Do members have any comments? If not, are we content to note the regulations?

Members indicated agreement.

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Licensing (Food Hygiene Requirements) (Scotland) (No 2) Order 2011 (SSI 2011/177)

Paper 5 relates to the order. The order revokes and remakes the Licensing (Food Hygiene Requirements) (Scotland) Order 2011, which we considered at our meeting yesterday. The Subordinate Legislation Committee welcomed the Scottish Government’s prompt making of SSI 2011/177, but it still doubts whether the provisions are intra vires. Do members have any comments? If not, are we content to note the order?

Members indicated agreement.

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Advice and Assistance and Legal Aid (Online Applications etc) (Scotland) Regulations 2011 (SSI 2011/161)

Paper 6 for today’s meeting and paper 19 for yesterday’s meeting relate to the regulations. We considered the regulations at yesterday’s meeting, when we agreed to ask the Scottish Government what assessment it had made of the risk of the online system’s failure. The Government’s response to the point that Nigel Don raised yesterday is in paper 7. Is the committee content with it?

I am happy with, and grateful for the speed of, the Government’s response.

Do other members have comments? If not, are we content to note the regulations?

Members indicated agreement.

14:08 Meeting continued in private until 14:15.