Official Report 114KB pdf
The regulations have caused serious problems. As I said, I was not here last week; however, it appears that, despite the points that members raised, some problems remain.
There is still some question about who can make regulations. It is not clear from the Adults with Incapacity (Scotland) Act 2000 whether Scottish ministers or the public guardian have that power. A reading of the Official Report of earlier debates suggests that it was expected that Scottish ministers would make the regulations, which might be enough to validate them. However, we should still draw the point to the Executive's attention.
Although the issue might not be as highly sensitive as that of the sexual offenders register, with which we had problems, we should at least flag up a potential problem, even with primary legislation.
It has also been suggested that the drafters have played a bit fast and loose with "Statutory Instrument Practice" in their explanatory note. We should watch that carefully; SIP provides guidance on good practice and should be followed where possible and appropriate.