Subordinate Legislation Committee

Meeting date: Tuesday, June 29, 2010

Official Report 257KB pdf

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Instruments subject to Annulment

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National Health Service (Tribunal) (Scotland) Amendment Regulations 2010 (SSI 2010/227)

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National Health Service (Tribunal) (Scotland) Amendment (No 2) Regulations 2010 (SSI 2010/266)

SSI 2010/227 contains a drafting error. The reference to two copies in forms 1, 2, 3, and 5 in schedule 2 to the National Health Service (Tribunal) (Scotland) Regulations 2004 (SSI 2004/38) has not been amended to refer to five copies, to reflect the new requirement to produce five copies. That inconsistency should not affect the validity or operation of the regulations, but it could confuse applicants.

The Scottish Government has laid SSI 2010/266, which addresses the point. It breaches the 21-day rule, but we should be satisfied that SSI 2010/227 has been corrected so quickly.

Does the committee agree to report accordingly?

Members indicated agreement.

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National Health Service (Vocational Training for General Dental Practice) (Scotland) Amendment Regulations 2010 (SSI 2010/229)

Regulation 2(6) fails to follow normal drafting practice in that it could have made the consequential amendment to the 2010 regulations directly, which would have been more understandable to the reader, rather than making the amendment indirectly by amending the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004 (SSI 2004/292). Regulation 2(6) also contains a drafting error, as the amendment that it makes refers to the National Health Service (Vocational Training in General Dental Practice) (Scotland) Regulations 2004, rather than using the regulations’ correct title.

Neither of those points is likely to affect the operation of the regulations, so can we agree to report on them in those terms?

Members indicated agreement.

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Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2010 (SSI 2010/237)

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Criminal Legal Aid (Fixed Payments) (Scotland) Amendment (No 2) Regulations 2010 (SSI 2010/267)

The defective drafting error in regulation 2(2) of SSI 2010/237 is such that, as the Scottish Government acknowledges, the regulations fail to apply, as intended, to proceedings that were commenced after the regulations were made on 10 June 2010 and before they come into force on 5 July 2010.

The Government has already laid a further set of regulations, SSI 2010/267, which address the issue. Again, SSI 2010/267 breaches the 21-day rule, but I hope that the committee will be satisfied with the reasons given for that.

Do we agree to report accordingly?

Members indicated agreement.

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Rice Products from the United States of America (Restriction on First Placing on the Market) (Scotland) Revocation Regulations 2010 (SSI 2010/248)

Goodness me. What different instruments we have to look at.

Are we content with the explanation provided in the letter to the Presiding Officer about the breach of the 21-day rule, and with the regulations themselves?

Members indicated agreement.

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Notice to Local Authorities (Scotland) Amendment Regulations 2010 (SSI 2010/251)

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Grampian Joint Fire and Rescue Board (Specified Equipment) (Scotland) Order 2010 (SSI 2010/252)

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Lay Representation in Proceedings relating to Residential Property (Scotland) Order 2010 (SSI 2010/264)

The committee agreed that no points arose on the instruments.