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Chamber and committees

Subordinate Legislation Committee, 26 Sep 2000

Meeting date: Tuesday, September 26, 2000


Contents


Act of Sederunt (Rules of the Court of Session Amendment No 4) (Applications under s 1 of the Administration of Justice (Scotland) Act 1972) 2000 (SSI 2000/319)

This instrument raises a potential problem or ambiguity that Kenny Macintosh mentioned earlier.

Mr Macintosh:

As I said before, rule 64.11 creates a rather ambiguous situation where commissioners are not allowed to enter premises where there is an unaccompanied woman. That is a strange classification; it does not include minors or people with learning difficulties, for example. It would be interesting to find out why the stipulation is in legislation instead of in guidance.

The rule seems sufficiently unusual for the committee to ask for an explanation of the thinking behind it.

It is a rather strange rule. Furthermore, we should also clarify whether the rule will be applied across the board for similar positions and whether it constitutes a policy shift that affects sheriff officers and other people.