Subordinate Legislation
Police (Scotland) Regulations 2004<br />(SSI 2004/257)<br />Advice and Assistance (Scotland) Amendment (No 2) Regulations 2004<br />(SSI 2004/262)
Criminal Legal Aid (Fixed Payments) (Scotland) Amendment (No 3) Regulations 2004 (SSI 2004/263)<br />Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2004<br />(SSI 2004/264)
Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2004<br />(SSI 2004/281)<br />Criminal Legal Aid (Scotland) Amendment Regulations 2004 (SSI 2004/282)
Advice and Assistance (Scotland) Amendment (No 2) Regulations 2004 Amendment Regulations 2004<br />(SSI 2004/305)
Item 2 concerns subordinate legislation. I am afraid that we have been deluged with quite a raft of instruments. The situation is made a little more complicated by the fact that the instruments include an additional set of amendment regulations. Members received an amended agenda earlier today to allow us to consider the Advice and Assistance (Scotland) Amendment (No 2) Regulations 2004 Amendment Regulations 2004 (SSI 2004/305), which were laid on 25 June. The regulations amend the Advice and Assistance (Scotland) Amendment (No 2) Regulations 2004 (SSI 2004/262). We received a letter about SSI 2004/305 from the Justice Department, and a copy of that letter was circulated to members by e-mail on 25 June. I apologise for the slight confusion.
We have a total of seven sets of regulations, all of which are to be considered under the negative procedure. Although no motion to annul has been lodged, I should probably bring to the attention of the committee some issues that have been raised.
On the Police (Scotland) Regulations 2004 (SSI 2004/257), the Subordinate Legislation Committee considered the regulations and raised a number of points, some of which it has reported to the Parliament and this committee. Members were circulated with a copy of the committee's report on Friday. I am given to understand that the majority of the 12 points that the Subordinate Legislation Committee raised are either technical in nature or drafting errors that have been acknowledged by the Executive. Members of this committee might want to consider the Executive's response to points 2, 7, 8 and 12.
The final little titbit of delectation that I am to bring to members' attention concerns the title of SSI 2002/282, which should be the Criminal Legal Aid (Scotland) Amendment Regulations 2004 and not the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2004, as is shown on the agenda.
I hope that I have correctly understood the encyclopaedic instructions that I received from the clerks. Happily, they are indicating that everything has been explained correctly. Although I do not undertake to answer questions on the instruments, I am happy to take comments. I should declare an interest as a member of the Law Society of Scotland. A number of the regulations apply to the remuneration of solicitors. Although that does not directly affect me, I should declare my interest nonetheless.
We normally advise the Law Society about instruments that come before us in case it has any comment to make. Just before the meeting commenced, the clerks told me that we have received a letter from the Law Society advising us that it has absolutely no comment to make on the regulations that are before us today.
Do I take it that the committee has no comment to make on the instruments?
Members indicated agreement.