Official Report 186KB pdf
Item 1 is consideration of subordinate legislation. We are considering two instruments that are subject to the negative procedure.
Sports Grounds and Sporting Events (Designation) (Scotland) Amendment Order 2002 (SSI 2002/382)
The purpose of this order is to add to the list of designated sports grounds the stadia that Gretna Football Club and Inverurie Loco Works Football Club use, with the effect that the carrying and consumption of alcohol at those grounds will become a criminal offence. Members can find full details in the Executive note that is attached to the order.
Education (Disability Strategies) (Scotland) Regulations 2002 (SSI 2002/391)
The Education (Disability Strategies) (Scotland) Regulations 2002 (SSI 2002/391) might not be so straightforward. Members have the report from the Subordinate Legislation Committee, which raises a number of issues. Wendy Wilkinson, from the Scottish Executive education department, and Shirley Ferguson, from the office of the solicitor to the Scottish Executive, are with us to discuss the regulations.
The Subordinate Legislation Committee made one or two technical points about the drafting of the regulations. One of those was to do with the starting point of the accessibility strategies and the fact that the regulations seem to be imprecise. We have had explanations from the Scottish Executive, but I would like the witnesses to go over the ground.
Questions 1 and 2 that the Subordinate Legislation Committee asked were tied together. The wording that the Executive used was considered carefully and was chosen to reflect the policy intent, which was not to place an additional burden on the bodies that are responsible for preparing the accessibility strategies. The wording in the Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2002 allows for the strategies to be "over a period". That wording was chosen to allow the strategies to be linked with other strategies. It was felt that the interpretation was consistent with the policy, which dictated the words that were used.
The point that was raised was a technicality. The Subordinate Legislation Committee said that the act indicated that the strategy should be for a "period prescribed by regulations", but the wording in the subsequent regulation was rather vague and specified "up to" three years. That is reasonable, but the committee wanted to draw to your attention the technical point about the drafting, which is not perfect, although it might be practical.
The answer to the fourth question in the Subordinate Legislation Committee's report mentions that the Executive will lodge an amendment. What is the state of play on that?
The amendment has not yet been drafted, because we wanted to wait until the committee had considered the regulations to find out whether anything else emerged. That said, we accept that that part of the regulations was too wide and we will lodge an amendment as soon as possible.
What do you mean by "as soon as possible" or "at an early opportunity"? We have been here before. It would be helpful if the Executive could indicate its intentions.
The act contains the requirement to consult on any regulations. As a result, we will need to consult education authorities, independent schools and other organisations that we consulted before on the regulations. I hope that, because the point is not substantial, we will be able to shorten the consultation period and that I will be able to start drafting the amendment straight away.
If members have no other points, I ask whether they are happy to allow the regulations to proceed, with the caveat that amendments will be made as soon as is practically possible. Are members agreed?
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