Justice 1 Committee, 16 Apr 2002

Meeting date: Tuesday, April 16, 2002

Official Report 297KB pdf

---

Subordinate Legislation

---

Adults with Incapacity (Supervision of Welfare Guardians etc by Local Authorities) (Scotland) Regulations 2002 (SSI 2002/95)<br />Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002 (SSI 2002/96)

---

Adults with Incapacity (Recall of Guardians' Powers) (Scotland) Regulations 2002 (SSI 2002/97)<br />Adults with Incapacity (Non-compliance with Decisions of Welfare Guardians) (Scotland) Regulations 2002 (SSI 2002/98)

We move on to item 4. The first four instruments deal with adults with incapacity. We also have to consider the Restriction of Liberty Order (Scotland) Amendment Regulations 2002 (SSI 2002/119).

I direct members to paper J1/02/11/2, which accompanies the four instruments that result from the Adults with Incapacity (Scotland) Act 2000. As the instruments are negative instruments, I invite members to make comments or to note the instruments. I have to say that on page 2 of the paper there is a wonderful line:

"The Executive, in a full and courteous reply".

That led me to wonder whether the Executive would make a "full and impolite" reply. I felt that I wanted to know more about that.

The Subordinate Legislation Committee considered the instruments and its views are included in the note. Do members agree to note the instruments?

Members indicated agreement.

---

Restriction of Liberty Order (Scotland) Amendment Regulations 2002<br />(SSI 2002/119)

We move on to the next instrument, which deals with what is commonly called tagging. As the instrument is also a negative instrument, members may comment on or note it. The Subordinate Legislation Committee has also considered the instrument. As I understand it, the instrument extends the restriction of liberty order pilot scheme to the whole of Scotland from 1 May. That is interesting in the context of trying to reduce prison numbers.

I think that it applies to the most minor offenders.

Do we agree to note the instrument?

Members indicated agreement.