Subordinate Legislation Committee, 22 Mar 2005

Meeting date: Tuesday, March 22, 2005

Official Report 196KB pdf

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Instruments Subject to Annulment

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Home Energy Efficiency Scheme Amendment (Scotland) Regulations 2005 (SSI 2005/144)

The regulations seek to make a sixth amendment to the principal regulations.

Some years ago, in response to criticism by the committee of amendments made to the Great Britain regulations, the Executive indicated that it intended to prepare fresh regulations for Scotland. The Executive has written to the committee to explain why it has decided not to consolidate on this occasion, despite its previous undertakings. Should we take note of the explanation or do we want to draw the attention of the lead committee and the Parliament to the Executive's letter about the lack of consolidation?

The lead committee might express interest in this, so we should refer the explanation to it for its attention, as well as to the Parliament. We should cover the minor points by informal letter.

Yes.

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Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment) 2005 (SSI 2005/149)<br />Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 2005 (SSI 2005/150)

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Pensions Appeal Tribunals (Scotland) (Amendment) Rules 2005 (SSI 2005/152)

No points have been identified on the instruments.

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Additional Support Needs Tribunals for Scotland (Appointment of President, Conveners and Members and Disqualification) Regulations 2005 <br />(SSI 2005/155)

There is a problem with the regulations. Paragraphs 2(2), 4(2) and 3(1)(b) of schedule 1 to the Education (Additional Support for Learning) (Scotland) Act 2004—the enabling act—provide that the convener of a tribunal should be a tribunal member and that the president may be a member, and the definition of tribunal member in paragraph 1 does not distinguish between conveners and other members. Regulation 5 as drafted appears to contradict regulations 2 and 3 by forbidding persons who hold the qualifications that are specified in those regulations from being tribunal members. It is thought that that is ultra vires of the act.

Regulation 5 goes on to disqualify as members of a tribunal other than the convener persons having legal qualifications, but that is expressed as additional to the general disqualification, which further confuses the interpretation of the regulation.

Do members agree to ask the Executive for clarification of the points that have been raised?

Members indicated agreement.

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Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment (No 2) Regulations 2005 (SSI 2005/156)

No points have been identified on the regulations.