Written Question · S1W-27520 · Session 1
Further to the answer to question S1W-25582 by Colin Boyd QC on 16 May 2002, what its position is on the statement made by Lord Sutherland …
The question
To ask the Scottish Executive, further to the answer to question S1W-25582 by Colin Boyd QC on 16 May 2002, what its position is on the statement made by Lord Sutherland in his opinion of 16 December 1999 in Smith and Others that "if some person using the bridge could establish that he or she was wholly unaware of the existence of such a thing as a Toll Order a defence is provided by section 3(2) of the Statutory Instruments Act".
The answer
Lord Sutherland's opinion is consistent with the answer Colin Boyd gave to question S1W-25582 and that given by Lord Hardie to S1W-1350. In the passage quoted Lord Sutherland is discussing those statutory instruments that require to be published where the defence under section 3(2) of the Statutory Instruments Act 1946 applies.The Invergarry-Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Toll Order 1992 (Statutory Instrument 1501 of 1992) is not such an order. As Lord Sutherland held in the Opinion referred to it is classified as a local order in terms of regulation 4(1) of the Statutory Instruments Regulations 1947, and is, by virtue of the provisions of regulation 5 of the regulations and section 8(1)(c) of the Act, exempt from the requirements of printing and sale.
In the Official Report
No contribution in the Official Report cites S1W-27520 by reference.