The instrument contains defective drafting. Rule 5.6 includes provision as to where a document or other matter is intimated under the rules to the solicitor for the receiving party. Subparagraphs (2) and (3) of the rule are in conflicting terms where intimation is given at 17:00 hours precisely on any day. Subparagraph (2) provides that the date of intimation is that day, whereas subparagraph (3) provides that the date of intimation is the next day.
The Lord President’s private office has undertaken to lay a further instrument that will correct that error in time for the act of sederunt coming into force on 1 January 2016.
Does the committee agree to draw the instrument to the attention of the Parliament on reporting ground (i), as rule 5.6 appears to be defectively drafted?
Members indicated agreement.