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Chamber and committees

Subordinate Legislation Committee, 24 Feb 2004

Meeting date: Tuesday, February 24, 2004


Contents


Instruments Subject to Annulment


Advice and Assistance (Scotland) Amendment Regulations 2004<br />(SSI 2004/49)

Item 5 is instruments subject to annulment. No points have been identified on the regulations.


Civil Legal Aid (Scotland) Amendment Regulations 2004 (SSI 2004/50)

The Convener:

It has been recommended that we ask the Executive why the regulations do not cite either section 17(2B) or section 42 of the Legal Aid Scotland (Act) 1986 as enabling powers—both those sections appear relevant to the regulations. The committee also notes that section 42 is cited as a power in the Executive note. Is it agreed that we ask the Executive about that point?

Members indicated agreement.


Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2004 (SSI 2004/51)

No points of substance have been identified, but we could draw to the Executive's attention by way of an informal letter several typos and minor points of form. Is it agreed that we pass those on?

Members indicated agreement.


Motorways Traffic (Scotland) Amendment Regulations 2004 (SSI 2004/53)

No points of substance have been identified.

Alasdair Morgan:

I wish to make what is perhaps a policy point. In effect, special roads are motorways, so it strikes me as curious that the Executive had to put in place regulations to class this bit of special road as not being a motorway. That is clearly a policy point. I would have thought that the Executive would want to claim that it had built as much motorway as possible.

Perhaps the Executive does not want to pay for upkeep of the road.

It is still a trunk road. However, that is a policy matter.

Yes, it is, so it is not really our concern.


A1 (East of Haddington to Dunbar) Special Road Regulations 2004 (SSI 2004/54)

No points have been identified.


Sea Fishing (Prohibited Methods of Fishing) (Firth of Clyde) Order 2004 (SSI 2004/55)

No points of substance arise. The order breaches the 21-day-rule, but reasons for that were provided in the letter to the Presiding Officer, and they seem reasonable. Are there any further points?

Members indicated disagreement.


Food (Chilli and Chilli Products) (Emergency Control) (Scotland) Regulations 2004 (SSI 2004/56)

We now return to regulations that we considered several weeks ago. There are no points of substance.


Non-Domestic Rate (Scotland) Order 2004 (SSI 2004/59)<br />Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2004 (SSI 2004/60)

No points have been identified on the orders.