Skip to main content

Language: English / Gàidhlig

Loading…
Chamber and committees

Subordinate Legislation Committee, 31 Oct 2006

Meeting date: Tuesday, October 31, 2006


Contents


Instruments Subject to Annulment


Instruments Subject <br />to Annulment


Local Government Pension Scheme (Scotland) Amendment (No 3) Regulations 2006 (SSI 2006/514)

Do members have any points to raise on the regulations?

Members:

No.


Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2006 <br />(SSI 2006/515)

Does Gordon Jackson have to declare an interest in relation to these regulations?

The briefing paper that I have in front of me indicates that the regulations make provision for increases in the legal aid rates payable to solicitors. I am not a solicitor.

The Convener:

Okay.

Increases are to be backdated by 11 months, and we must report if an instrument purports to have retrospective effect but the parent statute confers no such express authority. No such power has been found in the Legal Aid (Scotland) Act 1986. It is therefore suggested that we ask the Executive what power in the parent act authorises the retrospective effect.

Members indicated agreement.

Excuse my asking, but what is "trite" law?

I have not got a clue.

Trite law is law that, if you do not know it, you should. It is like saying that two and two is four. For example, there is a presumption of innocence in Scotland. That is trite law—something that everybody knows.

Thank you. You will be needed at every single committee meeting.

Does Murray Tosh want to add something?

No, I was only going to be frivolous and—

Frivolous and insignificant.

No, I would never admit to that.

A colleague of mine once made a submission in court saying that the point he was making was trite, to which the judge replied, "Close." [Laughter.]

We will move swiftly on.


Feeding Stuffs (Scotland) Amendment Regulations 2006 (SSI 2006/516)

No points arise on the regulations.


Plastic Materials and Articles in Contact with Food (Scotland) (No 2) Regulations 2006 (SSI 2006/517)

A number of minor points arise on the regulations but we can raise them in an informal letter.