Subordinate Legislation Committee, 26 Jun 2007

Meeting date: Tuesday, June 26, 2007

Official Report 120KB pdf

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Instruments Not Laid Before the Parliament

Before the meeting, I had to have it explained to me why instruments not laid before the Parliament are different from the two sorts of instruments with which we have dealt already. Presumably, members are more up to speed.

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Instruments Not Laid Before <br />the Parliament

Before the meeting, I had to have it explained to me why instruments not laid before the Parliament are different from the two sorts of instruments with which we have dealt already. Presumably, members are more up to speed.

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Aquaculture and Fisheries (Scotland) Act 2007 (Commencement and Transitional Provisions) Order 2007 (SSI 2007/333)

This is another instrument about which the legal advisers have raised an issue with the Executive on the committee's behalf, given the time constraints. As the order is not laid, and there is no lead committee in such circumstances, this committee reports directly to the Parliament.

The Executive considers that there is a typographical error in the order, which it will rectify when it is printed. However, the legal advisers' view is that the error is more significant than that and that the order should be revoked and relaid.

As members have no comments on the order, are they content that we report it to Parliament on the grounds of defective drafting in relation to article 4, such as might cast doubt on the operation of that transitional provision, and failure to follow proper legislative practice, in that the Executive intends to amend a drafting defect by means of a correction slip rather than by formally amending the order, which is in contravention of paragraph 5.25 of "Scottish Statutory Instrument Practice"?

Members indicated agreement.

We are cutting up a little rough on this one. We do not like correction slips. We are going to say, "Try to do it again and get it right." Are they called correction notes or correction slips? We all know what I mean, anyway.

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Housing (Scotland) Act 2006 (Commencement No 5, Savings and Transitional Provisions) Order 2007 <br />(SSI 2007/270)<br />Act of Adjournal (Criminal Procedure Rules Amendment No 3) (Miscellaneous) 2007 (SSI 2007/276)

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Act of Sederunt (Rules of the Court of Session Amendment No 4) (Personal Injuries Actions etc) 2007 (SSI 2007/282)<br />Act of Sederunt (Rules of the Court of Session Amendment No 5) (Immigration, Asylum and Nationality Act 2006) 2007 <br />(SSI 2007/283)

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Vulnerable Witnesses (Scotland) Act 2004 (Commencement No 5, Savings and Transitional Provisions) Order 2007 <br />(SSI 2007/329)

The committee agreed to raise minor points on the instruments.

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Crofting Reform etc Act 2007 (Commencement No 1) Order 2007 <br />(SSI 2007/269)

Do members have any comments on the order? Are they content that we report to the lead committee and Parliament that the committee is content with the order? Do we have any crofting experts among us? Do not point the finger at me.

Despite having been known as the Coatbridge crofter on my previous committee, I have no comment on the order.

The committee agreed that no points arose on the instrument.

The next meeting of the committee is likely to be held on Tuesday 4 September at 2.15 pm. For those members staying with the committee, we hope to have an away day before that and the clerks will be in touch with members about it. I thank Elaine Smith. I understand that she might not be with us on the committee much longer, but in her short membership she has made a remarkable impact, which is truly astonishing. I will now have to take my tablets and lie down.

Meeting closed at 14:33.