Joint Committee on Statutory Instruments First Special Report


APPENDIX

DEPARTMENTAL RETURNS

SCOTTISH OFFICE: INSTRUMENTS REPORTED IN 1998

Total number of instruments reported on: 11


JSCI Report

Instrument Title

Regulation No

and Ground for reporting


Type and date of response

Observations

1997/98





30th

Local Government Pension Scheme (Scotland) Regulations 1998 (S.I. 1998/366)

i. 18(2)(a) : defective drafting.

ii. 70(6) : defective drafting.

iii. 134(4)(e) : defective drafting.


i. Awaiting opportunity to amend.

ii. Waiting to amend at first opportunity.

iii. Amend at first opportunity



31st

The National Health Service (Service Committees and Tribunal) (Scotland) Amendment Regulations 1998 (S.I. 1998/657

3: defective drafting

amendment to be produced within 2 months


34th

Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 1998 (S.I. 1998/890)

2(14) : footnote incomplete

no action necessary.


43rd

The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 (S.I. 1998/1451

I. 3(3)(a) and (b) : elucidation required

ii. 3 (3) explanation requested

iii. 3(7) elucidation required.


i. no action necessary.

ii. no action necessary

iii. no action necessary


Elucidation provided to all 3 points

44th

The Education Assisted Places) (Scotland) Amendment regulations 1998 (S.I. 1998/1497)

4 week delay in laying after made date.

Delay in printing caused delay but officials will ensure the timescale is kept to reasonable levels.



45th


The Traffic (Permitted Parking Area and Special Parking Area) (city of Edinburgh) Designation Order 1998 (S.I. 1998/1539)


Delay in laying after made date.


Delay caused by printing but Officials have been instructed to avoid such delays in future.


47th

The Brucellosis and Tuberculosis (Scotland) Compensation Amendment Order 19998 (S.I. 1998/2181)

Order came into force before being laid without notification to the appropriate authorities.

Elucidation provided and undertaking made that officials would update their procedures to avoid such circumstances in future.


48th

The Parking Attendants (Wearing of Uniforms) (Edinburgh Parking Area) Regulations 1998 (S.I. 1998/2020)

2(1) requires elucidation

No action necessary.



The Road Traffic Act 1991 (Amendment of Schedule 3) (Scotland) Order 1998/2018)

Unjustifiable legislation by reference

Elucidation provided, no action taken.


1998/1999





1st

The National Health Service (Choice of Dental Practitioner5) (Scotland) Regulations 1998 (S.I. 1998/2259

3(c)(1) Defective drafting

Words had been omitted and corrective Regulations to be laid shortly.



The Road Traffic (Parking Adjudicators) (City of Edinburgh) Regulations 1998 (S.I. 1998/2233)

4 : unexpectedly narrow use of enabling power

No further action required.

Elucidation provided.


 
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Prepared 13 May 1999