Children’s Legal Assistance (Scotland) Regulations 2013 [Draft]
There is a drafting error in regulation 3(1), which provides that the “Advice and Assistance (ABWOR) (Scotland) Regulations 2003” are amended in accordance with the remainder of the regulation. The Scottish Government accepts that regulation 3 does not cite the title of the relevant Scottish statutory instrument in accordance with regulation 4 of the Scottish Statutory Instrument Regulations 2011 (SSI 2011/195), as it abbreviates “Assistance by Way of Representation” to “ABWOR”. Does the committee therefore agree to draw the draft regulations to the attention of the Parliament on the general reporting ground, as they contain a drafting error?
Does the committee also agree to note, however, that the Scottish Government considers that it is clear which instrument is being referred to, as the footnote to regulation 3(1) states the year and the SSI number of the regulations in question?
Children’s Hearings (Scotland) Act 2011 (Movement Restriction Conditions) Regulations 2013 [Draft]
The meaning of regulation 5(1) could be clearer. That paragraph provides that a children’s hearing or a sheriff that has designated a person to monitor compliance with a compulsory supervision order or an interim compulsory supervision order that contains a movement restriction condition must,
Secure Accommodation (Scotland) Regulations 2013 [Draft]
There appears to be a doubt about whether regulation 9 is intra vires. There appears to be a doubt about whether that regulation can validly be made in the exercise of powers that have been conferred by section 75 of the Children (Scotland) Act 1995, but which have been substantially amended by paragraph 2(8) of schedule 5 and paragraph 1 of schedule 6 to the Children’s Hearings (Scotland) Act 2011, during the period before those provisions of the 2011 act are commenced for the purpose of making the regulations. Does the committee agree to draw the regulations to the attention of the Parliament on reporting ground (e), as there is doubt about whether regulation 9 is intra vires?
Does the committee agree to note, however, that the Scottish Government intends to commence the amendments to section 75 of the 1995 act before the regulations are made, following the approval of the Parliament, but only for the purpose of making the regulations, and that if that is properly done, the doubt about the vires should be removed?