Subordinate Legislation Committee
Meeting date: Tuesday, February 28, 2012
Official Report
273KB pdf
Instruments subject to Negative Procedure
Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2012 (SSI 2012/26)
The rules make provision about visiting committees and provide for a number of amendments to the Prisons and Young Offenders Institutions (Scotland) Rules 2011 (SSI 2011/331), which the Committee considered in October 2011.
The committee may want to note that the amendments in rules 2(10) and (11) address an issue that it raised when it considered the principal rules.
However, there appears to have been a failure to follow proper drafting practice in the amendment rules, as rule 2(14) duplicates precisely the terms of rule 2(13). The Scottish ministers concede that this duplication is a typographical error and propose to correct it by way of correction slip.
Although the error does not appear to affect the operation of the rules, does the committee agree to draw the instrument to the attention of the Parliament on the general reporting ground?
Members indicated agreement.
Bus Service Operators Grant (Scotland) Amendment Regulations 2012 (SSI 2012/33)
The regulations extend the provisions for the bus service operators grant to be paid to operators of flexible bus services that are registered as a local, public bus service.
There is a drafting error in the definition of “flexible service” in regulation 2(2)(a). That should have referred to the meaning that is given in regulation 2(2A)(a) of the Public Service Vehicles (Registration of Local Services) (Scotland) Regulations 2001, rather than the
“meanings given in regulation 2(2A)”.
Although it is not considered likely that this drafting error will affect the operation of the regulations, does the committee agree to draw the regulations to the Parliament’s attention on the general reporting ground?
Members indicated agreement.
The committee also notes that the response from the Scottish Government does not indicate that it intends to correct the drafting error by bringing forward an amendment.
Does the committee agree to indicate that the definition of “flexible service” is significant, as it is a central definition for the purposes of the regulations and that the Government should therefore consider bringing forward an amendment to correct the error?
Members indicated agreement.
Public Service Vehicles (Registration of Local Services) (Scotland) Amendment Regulations 2012 (SSI 2012/32)
Housing (Scotland) Act 2010 (Consequential Provisions) Order 2012 (SSI 2012/38)
Police Grant and Variation (Scotland) Order 2012 (SSI 2012/49)
Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment Regulations 2012 (SSI 2012/50)
Water Services Charges (Billing and Collection) (Scotland) Order 2012 (SSI 2012/53)
The committee agreed that no points arose on the instruments.