Subordinate Legislation Committee,

Meeting date: Tuesday, May 24, 2005

Official Report 165KB pdf

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Draft Instruments Subject to Approval

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Draft Instruments Subject <br />to Approval

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Criminal Justice (Scotland) Act 2003 (Amendment of Police (Scotland) Act 1967) Order 2005 (draft)

No substantive points have been raised on the order.

I am sure that deputy chief constables will be delighted that they will now be remembered if they go away to another police force for a period.

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Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (draft)

No substantive points arise on the order.

I presume that we will deal with the minor points that arise in an informal letter as usual.

Yes.

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Mental Health (Safeguards for Certain Informal Patients) (Scotland) Regulations 2005 (draft)

The regulations prescribe the conditions that must be satisfied before certain types of medical treatment may be given to patients who are under 16 years of age and who are not receiving medical treatment under the Mental Health (Care and Treatment) (Scotland) Act 2003. The draft regulations are subject to the affirmative procedure.

Two points arise on the regulations. First, in regulation 1(2), the term "the 2003 Act" is defined, but the regulations refer to "the Act". The drafting is not consistent; do committee members agree that we should raise that point with the Executive?

Members indicated agreement.

Similarly, the references to regulations in the explanatory note do not match the provisions that are described. We need to ask about that, too.