Official Report 427KB pdf
Tuberculosis in Specified Animals (Scotland) Order 2015 (SSI 2015/327)
The instrument contains a minor drafting error: article 2(1) contains an otiose definition of “authorised veterinary inspector” whereas in various places the order refers only to a “veterinary inspector”. Does the committee agree to draw the order to the attention of the Parliament on the general reporting ground in respect of a minor drafting error?
Members indicated agreement.
Does the committee agree to note and accept that the Scottish Government has undertaken to remove the otiose definition by amendment in due course?
Members indicated agreement.
Legal Aid (Miscellaneous Amendments) (Scotland) Regulations 2015 (SSI 2015/337)
The instrument fails to observe the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.
The instrument was laid before the Parliament on 17 September and came into force on 22 September. The requirement to leave a minimum of 28 days between laying and coming into force has therefore not been complied with. The Scottish Government has explained that the amendments to legal aid provision introduced by the instrument were required to be in force as at 22 September, when various provisions of the Courts Reform (Scotland) Act 2014 came into force. The amendments seek to ensure that legal aid provision will operate effectively in respect of, among other things, the new sheriff appeal court established by that act.
The committee will also wish to note that the Scottish Government had proposed to make amendments to existing legal aid provision via an affirmative instrument, which was laid before the Parliament in draft on 9 June and considered by the committee at its meeting on 23 June. That draft instrument was withdrawn on 17 September following concerns raised by the Justice Committee at its meetings on 8 and 15 September. The instrument before the Delegated Powers and Law Reform Committee today was laid before the Parliament on 17 September and makes substantially the same amendments as those proposed in the earlier draft affirmative instrument but with specific changes that seek to address the concerns raised by the Justice Committee.
Does the committee agree to draw the instrument to the attention of the Parliament on reporting ground (j) as there has been a failure to observe the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?
Members indicated agreement.
Does the committee agree to accept the Scottish Government’s explanation for the failure to observe the requirements?
Members indicated agreement.
National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2015 (SSI 2015/333)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Mental Health Tribunal for Scotland (Practice and Procedure) (No 2) Amendment Rules 2015 (SSI 2015/334)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.