Official Report 501KB pdf
Criminal Legal Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026 (SSI 2026/267)
Our final public item on the agenda is consideration of a negative instrument. I refer members to paper 2 and invite comments on the regulations before us.
I am interested to hear how the provisions were inadvertently omitted from previous regulations. I am happy to accept that it was a mistake. It is a technical issue, but there has been a financial detriment in the process that is now having to be addressed. Could we write to the Government to ask why we are in the situation that we are in and how the provisions were inadvertently omitted, given that, although the Scottish statutory instrument concerns a technical matter, it seems reasonably significant to those who have been affected by it?
We can certainly write to the Government. The Government’s submission is in our papers as well, so we can have a look at that. I understand that the instrument has gone through the Delegated Powers and Law Reform Committee.
The Government’s submission says that the provision was “inadvertently omitted”. I am happy to support the correction that the SSI is making in order to make the necessary difference, but I note that the issue had an impact on those who were affected.
I will confirm the process with the clerks.
I am advised that we may decide not to comment on the instrument at this point and agree to follow the process, but we can still write to the Government to get the clarity that you seek. Are members content to write to the Government on that basis?
Members indicated agreement.
As no one else is seeking to comment, are we content not to make any recommendations to Parliament on the instrument?
Members indicated agreement.
Thank you. That concludes our business in public, and we will now move into private session to consider the remaining items on our agenda.
10:35
Meeting continued in private until 11:07.