Official Report 247KB pdf
Item 1 is on subordinate legislation. There are four instruments to deal with today. I will first introduce the officials from the Scottish Executive: Angela Lawson is a lawyer with the Executive; Valerie Sneddon is a policy executive with the additional needs support team in the funding for learners division; Anne Marie Hoey is a policy executive in the funding for learners division; and Susan Whittaker is a policy adviser in the higher education strategy and governance branch. I have agreed with the representatives from the Executive that we will move straight to questions on each instrument. They do not see any need to add to the notes that have already been circulated.
Edinburgh College of Art (Scotland)<br />Order of Council 1995 (Amendment)<br />Order of Council 2005 (SSI 2005/313)
The details of the response of the Subordinate Legislation Committee to the first instrument have been circulated to members. The committee had no comments on the instrument. These are negative instruments, so we can really only comment on them. Is everyone happy with the instrument?
Student Loans (Information Requests, Maximum Threshold, Maximum Repayment Levels and Hardship Loans) (Scotland) Regulations 2005 (SSI 2005/314)
The Subordinate Legislation Committee has expressed concern about the regulations and has drawn some defective drafting to the attention of the Enterprise and Culture Committee and the Parliament. Christine, you are on the Subordinate Legislation Committee. Do you want to add anything?
I was on the committee until the end of June. I remember the regulations coming through and I remember the matter being raised. The Executive has acknowledged the problem but, as I recall, said that the drafting should not make a material difference. If the committee would like further clarification, the advisers may be able to help.
Would anyone from the Executive like to comment?
We understand that a few points were raised by the Subordinate Legislation Committee and we are happy to redraft the explanatory note taking into account any concerns.
Do you see the need to make any additional changes to the regulations? Is there anything substantial that you need to correct?
We have taken on board the comments of the Subordinate Legislation Committee in relation to the overseas borrowers. The issue was that a more detailed explanation was required. We feel that that could be given in the explanatory note, if that was considered to be sufficient. We are obviously willing to hear about any further concerns that the committee may have.
I am grateful to the Executive for that clarification. The amendment to the explanatory notes should be adequate. There was difficulty in understanding the meaning of "made" and "delivered" and I am sure that the Subordinate Legislation Committee found the precedents helpful. I imagine that the committee will have considered that—although, of course, I would not have been at the meeting.
Are members happy with what they have heard?
Yes.
Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment Regulations 2005 (SSI 2005/341)
We move now to the third instrument that we have to consider. The Subordinate Legislation Committee draws our attention and that of the Parliament to a failure to follow proper drafting practice.
We take the comments of the Subordinate Legislation Committee on board. As stated in this committee's background notes, we replied to the Subordinate Legislation Committee to say that drafting issues arose in relation to the committee's second and third points and that we would be putting through amendment regulations to fix them. We will take out the extra reference to "relevant day" and we will put in references to "excepted student" and "excepted candidate".
Are committee members satisfied with that?
Yes.
Education (Student Loans) Amendment (Scotland) Regulations 2005 (SSI 2005/345)
We come now to the final instrument that we have to consider today. The Subordinate Legislation Committee is happy with this one—and it is a much more difficult committee to satisfy than we are. I thank the Executive officials for their attendance.