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Chamber and committees

Subordinate Legislation Committee

Meeting date: Tuesday, December 20, 2011


Contents


Instruments subject to Negative Procedure


Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc) (Scotland) Revocation Regulations 2011 (SSI 2011/428)

The Convener

We move to item 4. The regulations have not been laid at least 28 days before coming into force, as is required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. On that basis, does the committee agree to draw the instrument to Parliament’s attention on reporting ground (j)?

Members indicated agreement.

We should caveat that with words to the effect that we accept the reasons that have been given.

The Convener

Indeed. I was just about to ask the committee whether we are inclined to accept the explanation from the Government—I think that members will have read it—which is simply that as the regulations will revoke previous regulations time was always agin the Government, which is really why it has failed.

It appears that we are going back to the beginning of the process to address it properly, so I think that the explanation for breaking the 28-day rule is reasonable.

Are members inclined to accept the Government’s explanation, although we are required to report the instrument on the basis that it breaches the 28-day rule?

Members indicated agreement.


Confirmation to Small Estates (Scotland) Order 2011 (SSI 2011/435)


Prior Rights of Surviving Spouse and Civil Partner (Scotland) Order 2011 (SSI 2011/436)



The committee agreed that no points arose on the instruments.