§ Mr. Sean Hughes
asked the Secretary of State for Scotland on what occasions since June 1979 his Department had to (a) introduce amending legislation to legislation introduced since June 1979, because of doubts about legality or because such legislation had been successfully challenged in the courts and (b) amend or withdraw orders introduced since June 1979, because of doubts about legality or because such orders had been successfully challenged in the courts.
§ Mr. Rifkind
[pursuant to his reply, 26 January 1987, c. 63]: The costs of a comprehensive reply would be disproportionately high, but the following cases appear relevant.
Clauses 14 and 15 of the Local Government Finance Bill presently before Parliament do not purport to amend existing statute but are concerned to confirm existing administrative practices in ascertaining local authority expenditure or estimated expenditure in Scotland.
Section 4 of the National Health Service (Amendment) Act 1986 followed a successful challenge to a determination made under powers conferred by regulations made under section 7 of the Health and Social Security Act 1984.
Section 26 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 clarified an ambiguity in sections 58B(3) and 58(E)1 of the Social Work (Scotland) Act 1968, as inserted by the Health and Social Services and Social Security Adjudications Act 1983, revealed in a sheriff court decision in 1984.
The Control of Pollution (Territorial Sea) (Scotland) Revocation Regulations 1985 (No. 1985/178 (s.9)), made following queries by the Joint Committee on Statutory Instruments, revoked the Control of Pollution (Territorial Sea) (Scotland) Regulations 1984 (No. 1984/867 (s.86)).