Delegated Powers and Law Reform Committee

Meeting date: Tuesday, May 27, 2014

Official Report 265KB pdf

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Instruments subject to Negative Procedure

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Adults with Incapacity (Supervision of Welfare Guardians etc by Local Authorities) (Scotland) Amendment Regulations 2014 (SSI 2014/123)

Regulation 5 inserts new regulation 2A(5) in the Adults with Incapacity (Supervision of Welfare Guardians etc by Local Authorities) (Scotland) Regulations 2002 (SSI 2002/95). The cross-reference in regulation 2A(5)(a) to regulation 2(1)(b) of the 2002 regulations is erroneous, as it is too specific. It creates uncertainty about whether the effect is to permit a variation of visits to intervals of not more than 12 months in respect of the adult who is subject to a guardianship order and the welfare guardian, or in respect only of the adult. The policy intention is to allow for such a variation in respect of visits to both the welfare guardian and the adult.

Does the committee therefore agree to draw the regulations to the Parliament’s attention under ground (h), as the meaning of the text inserted by regulation 5 could be clearer?

Members indicated agreement.

Does the committee also agree to note that the Scottish Government has undertaken to bring forward amending regulations to correct the error?

Members indicated agreement.

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Regulation of Care (Social Service Workers) (Scotland) Amendment Order 2014 (SSI 2014/129)

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Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2014 (SSI 2014/130)

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Children and Young People (Scotland) Act 2014 (Ancillary Provision) Order 2014 (SSI 2014/132)

The committee agreed that no points arose on the instruments.