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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 8 February 2026
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Displaying 2464 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Is there a particular reason that this has happened?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Okay—thank you. I call Tim Eagle.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Yes.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

As the panellists have no further comments to put on the record and my colleagues have no final questions, I thank the panel very much for their time this morning. If, after today, there is anything further that you would like to inform the committee of, please do so in writing.

I suspend the session briefly for a change of panel and a very short comfort break.

10:52 Meeting suspended.  

10:57 On resuming—  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Would anyone else like to come in?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

Sure—thank you.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 16 April 2024

Stuart McMillan

Okay. Thank you very much.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 16 April 2024

Stuart McMillan

Agenda item 4 is consideration of two instruments subject to the affirmative procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 16 April 2024

Stuart McMillan

Is the committee content with those instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 16 April 2024

Stuart McMillan

The instrument amends the Local Government (Scotland) Act 1973 to add Denmark to the list of countries whose citizens are eligible to stand for election as members of a local authority in Scotland if they have leave to enter or remain in the United Kingdom.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days.?The instrument breaches that requirement as it was laid on 26 March 2024 and comes into force on 7 May 2024.??

In correspondence with the Presiding Officer, the Scottish Government explained that that breach had occurred as it could not lawfully make regulations to implement the treaty until after the UK Parliament completed its scrutiny process, which ended on 25 March. The treaty is expected to come into force on 7 May, at which point the provision in the instrument must be in place to comply with the UK’s international obligations.

As the instrument has not been laid at least 28 counting days before it came into force as required by section 28(2) of the 2010 act, does the committee wish to draw it to the attention of the Parliament on reporting ground (j) for failure to comply with laying requirements???

Members indicated agreement.