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Minor points that can be raised separately have been identified on the Dissolution of Funding Councils (Scotland) Order 2005 (SSI 2005/437), the Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005 (SSI 2005/443), the Mental Health (Form of Documents) (Scotland) Regulations 2005 (SSI 2005/444), the Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005 (SSI 2005/445), the Legal Aid in Contempt of Court Proceedings (Scotland) Amendment Regulations 2005 (SSI 2005/451) and the Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005 (SSI 2005/452). Are members content for those points to be dealt with together in a letter to the Executive?
Instruments Subject <br />to Annulment
Minor points that can be raised separately have been identified on the Dissolution of Funding Councils (Scotland) Order 2005 (SSI 2005/437), the Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005 (SSI 2005/443), the Mental Health (Form of Documents) (Scotland) Regulations 2005 (SSI 2005/444), the Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005 (SSI 2005/445), the Legal Aid in Contempt of Court Proceedings (Scotland) Amendment Regulations 2005 (SSI 2005/451) and the Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005 (SSI 2005/452). Are members content for those points to be dealt with together in a letter to the Executive?
Dissolution of Funding Councils (Scotland) Order 2005 (SSI 2005/437)
No substantive points arise on the order.
Registration of Fish Sellers and Buyers and Designation of Auction Sites (Scotland) Amendment Regulations 2005 (SSI 2005/438)
Members may remember that we have previously dealt with fish sellers and buyers. No points arise on the regulations.
Housing (Scotland) Act 2001 (Transfer of Scottish Homes Property and Liabilities) Order 2005 (SSI 2005/439)
No points arise on the order.
Mental Health (Period for Appeal) (Scotland) (No 2) Regulations 2005 <br />(SSI 2005/441)
Apart from the word "Scotland" now being in the title—as we suggested that it should be—no points arise on the regulations. I am sure that members are happy about that.
Mental Welfare Commission for Scotland (Procedure and Delegation of Functions) (No 2) Regulations 2005 (SSI 2005/442)
Members will remember that the regulations came before us and that we recommended that "may" should be changed to "shall" in paragraph 1(2) of the schedule to the regulations. That has been done.
Mental Health (Certificates for Medical Treatment) (Scotland) Regulations 2005 (SSI 2005/443)
I do not know whether members have read the regulations, but a point has been made about the reference to "page 3" in column 2 of each schedule to the regulations. The schedules refer to "page 3" of the form, which does not appear to exist—I have looked and cannot see that page. What do members think?
I agree that form T2 seems to have no page 3. However, the references in both schedule 1 and schedule 2 do not look like typos. Schedules 1 and 2 list "part 1" and "part 2" and then "page 3". The reference to "page 3" looks deliberate. If so, that page appears to be missing. Although a mistake is unlikely, we need to ascertain whether that is the case.
Yes. We will write to the Executive on that point. Are we agreed?
Mental Health (Form of Documents) (Scotland) Regulations 2005 (SSI 2005/444)<br />Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005 <br />(SSI 2005/445)
Mental Health (Class of Nurse) (Scotland) Regulations 2005 (SSI 2005/446)<br />Civil Legal Aid (Scotland) Amendment <br />(No 2) Regulations 2005 (SSI 2005/448)
Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2005 <br />(SSI 2005/449)<br />Criminal Legal Aid (Scotland) Amendment Regulations 2005 (SSI 2005/450)
Legal Aid in Contempt of Court Proceedings (Scotland) Amendment Regulations 2005 (SSI 2005/451)
No points arise on any of the instruments. Are we agreed?
Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005 <br />(SSI 2005/452)
Members will note that three points arise on the order. The first relates to the reference in articles 20(4)(a), 25(2)(a) and 29(4)(a) to
We should ask the question.
Thank you, Gordon. Are we agreed?
The second point relates to the reference in article 26 to "a care plan". I understand that the reference should be to a "part 9 care plan". We should ask the Executive to clarify that point. Are we agreed?
The third point relates to article 34(8)(b), where the word "if" is used when it should read "of". I also understand that other words may be missing. We should ask the Executive to clarify that point. Are we agreed?
Fire and Rescue Services (Framework) (Scotland) Order 2005 (SSI 2005/453)
No points arise on the order. Are we agreed?
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