The Apologies (Scotland) Act 2016 (Excepted Proceedings) Regulations 2017

Scottish Statutory Instruments

2017 No. 181

Evidence

The Apologies (Scotland) Act 2016 (Excepted Proceedings) Regulations 2017

Made

31st May 2017

Coming into force

1st June 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(4) of the Apologies (Scotland) Act 2016(1) and all other powers enabling them to do so.

In accordance with section 2(5) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Citation and commencement

1.  These Regulations may be cited as the Apologies (Scotland) Act 2016 (Excepted Proceedings) Regulations 2017 and come into force on the day after the day on which they are made.

Excepted proceedings

2.—(1) Section 2 of the Apologies (Scotland) Act 2016 is amended in accordance with paragraphs (2) and (3).

(2) In subsection (1)—

(a) for paragraph (a) substitute—

“(a) inquiries held under section 1 of the Inquiries Act 2005(2), including inquiries which are converted under section 15 of that Act into inquiries under that Act,”;

(b) omit the “and” following paragraph (c); and

(c) after “proceedings” in paragraph (d) insert—

“, and

(e) proceedings of a professional regulatory body listed in subsection (1A) that have as their main purpose the determination of whether or not a person meets—

(i) that body’s requirements for registration,

(ii) the standards or requirements for practising a profession regulated by that body”.

(3) After subsection (1) insert—

“(1A) The professional regulatory bodies are—

(a) the General Chiropractic Council,

(b) the General Dental Council,

(c) the General Medical Council,

(d) the General Optical Council,

(e) the General Osteopathic Council,

(f) the General Pharmaceutical Council,

(g) the Health and Care Professions Council,

(h) the Nursing and Midwifery Council,

(i) the Scottish Social Services Council, and

(j) the General Teaching Council for Scotland.”.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

31st May 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend section 2 of the Apologies (Scotland) Act 2016 (“the 2016 Act”).

Section 1 of the 2016 Act sets out the effect of an apology made outside of the legal proceedings to which the Act applies. The legal proceedings covered by the 2016 Act are detailed in section 2. The 2016 Act does not apply to any criminal proceedings (section 2(3)). The 2016 Act applies to all civil proceedings except the categories of proceedings specified in section 2(1).

Section 2(1)(a) of the 2016 Act excepts inquiries caused to be held by Scottish Ministers under the Inquiries Act 2005. Regulation 2(2) replaces section 2(1)(a) of the 2016 Act with a new version which extends the exception to all inquiries held in Scotland under the Inquiries Act 2005, including inquiries in Scotland caused to be held by UK Ministers.

Regulation 2(2) and (3) also introduce a new exception to section 2(1) of the 2016 Act. This excepts proceedings of the professional regulatory bodies listed in a new section 2(1A) that have as their main purpose the determination of whether or not a person meets the body’s requirements for registration and/or meets the standards or requirements for practising a profession regulated by that body. This would include proceedings that determine whether or not the person meets the body’s requirements to practise or to continue to practise the profession and proceedings concerning their fitness to practise a profession. These are all proceedings which may ultimately decide whether or not a person will be allowed to work or continue to work in a particular profession.

(1)

2016 asp 5.

(2)

2005 c.12.