Social Justice Committee, 18 Sep 2002

Meeting date: Wednesday, September 18, 2002

Official Report 65KB pdf

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Subordinate Legislation

Item 2 is consideration of Scottish statutory instruments. Committee members have copies of the 32nd report 2002 of the Subordinate Legislation Committee, to which we will refer.

The committee has before it nine statutory instruments subject to the negative procedure. The Parliament has the power to annul the instruments by resolution within 40 days of each instrument being laid. The committee is required to report to the Parliament by 30 September 2002.

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Scottish Short Secure Tenancies (Notices) Regulations 2002 (SSI 2002/315)<br />Short Scottish Secure Tenancies (Proceedings for Possession) Regulations 2002 (SSI 2002/319)

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Scottish Secure Tenancies <br />(Proceedings for Possession) Regulations 2002 (SSI 2002/320)

At its meeting on 3 September, the Subordinate Legislation Committee determined that the attention of Parliament need not be drawn to these three regulations. No motions to annul have been lodged.

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Scottish Secure Tenants (Compensation for Improvements) Regulations 2002 <br />(SSI 2002/312)<br />Scottish Secure Tenancies (Abandoned Property) Order 2002 (SSI 2002/313)

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Scottish Secure Tenancies (Exceptions) Regulations 2002 (SSI 2002/314)<br />Scottish Secure Tenants (Right to Repair) Regulations 2002 (SSI 2002/316)

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Housing (Right to Buy)(Houses Liable to Demolition)(Scotland) Order 2002 <br />(SSI 2002/317)<br />Housing (Scotland) Act 2001 (Scottish Secure Tenancy etc) Order 2002 <br />(SSI 2002/318)

At its meeting on 3 September, the Subordinate Legislation Committee continued consideration of these six instruments for clarification of a number of points from the Scottish Executive. The instruments were considered further at the Subordinate Legislation Committee meeting on 10 September. No motions to annul have been lodged.

Members have a copy of the Subordinate Legislation Committee's report on the six instruments. I propose to go through the committee's comments page by page so that members have the opportunity to raise any points that they wish to discuss. Are there any comments?

If members have no comments, I suggest that we agree our recommendation to the Parliament.

I have a general point. It strikes me that most of the Subordinate Legislation Committee's comments were on drafting irregularities. As that seems to be a common theme, I wonder whether it is most appropriately pursued by the Subordinate Legislation Committee or whether we should raise it with the Executive. There was wide consultation and often agreement on many of the instruments.

Our report to the Parliament could certainly reflect that that was a theme of the Subordinate Legislation Committee report. Is that agreed?

Members indicated agreement.

Are we agreed that the Social Justice Committee has no recommendation to make on the nine instruments that are before us but draws the attention of the Parliament to the issues raised by the Subordinate Legislation Committee?

Members indicated agreement.

We move into private for item 3, which concerns committee housekeeping issues, and items 4 and 5, which concern consideration of draft reports.

Meeting continued in private until 10:35.