Memorandum by the Scottish Office
REPORTERS (APPEALS AGAINST DISMISSAL)
(SCOTLAND) REGULATIONS 1997 (S.I. 1997/729)
1. This Memorandum is submitted to the Joint Committee on
Statutory Instruments in response to their letter of 18 June 1997
in which they ask for an explanation of the following points arising
in connection with the above Statutory Instrument.
2. Inquiry is made as to why regulation 6 does not require
the Appellant to give a copy of his statement of grounds of appeal
to the administration, along with his note of appeal and his documentary
3. It is accepted that for completeness, it would be better
that the Administration was also served with a statement of the
grounds of appeal. In practice, if the grounds of appeal had not
been made available to the Administration or were not known to
the Administration, the Secretary of State would give a copy to
the Administration. However, we would propose to make this a formal
requirement at the first opportunity to amend these Regulations.
4. Inquiry is made as to "the steps specified"
in regulation 10(1) and how paragraphs (2) and (3) of regulation
12 require the Secretary of State to make a decision on the Appeal.
5. There is a drafting error in these Regulations. Paragraphs
(2) and (3) of regulation 12 should not have the words "of
that regulation" after the paragraph reference. This would
mean that the steps referred to are the decision making and the
notification to the Appellant and the Administration referred
to in regulation 12(1).
6. The timetable provisions in regulation 12 were designed
to implement the policy intention of the Secretary of State in
relation to the disposal of appeals. It is proposed to rectify
the drafting error at the next available opportunity; but in the
meantime, the Secretary of State would abide by his policy intention
in relation to the timetable for the disposal of appeals.
20th June 1997