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Chamber and committees

Delegated Powers and Law Reform Committee

Subordinate Legislation Considered by the Delegated Powers and Law Reform Committee on 21 March 2023

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Introduction

  1. At its meeting on 21 March, the Committee considered the following instrument under its remit and agreed to draw it to the attention of the relevant lead committee:

    • Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Sexual Harm Prevention Orders and Sexual Risk Orders) 2023 (SSI 2023/62)

  1. The Committee's recommendations in relation to this instrument are set out in the next section of this report.

  1. The Committee also determined that, in terms of its remit, it did not need to draw the Parliament's attention to the instrument at the end of the report.

Scrutiny of instruments under the Committee’s remit: instruments drawn to the attention of the lead committee

Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Sexual Harm Prevention Orders and Sexual Risk Orders) 2023 (SSI 2023/62)

  1. This instrument provides new court rules for handling applications to the court arising under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

  1. The Committee identified an incorrect cross-reference in paragraph (6) of Rule 3.54.4, in that the reference to paragraph (4)(b) should be to paragraph (4)(c).

  1. The Lord President’s Private Office confirmed that the cross-reference is an error and proposes to rectify it in a forthcoming instrument to amend the Summary Application Rules.

  1. A copy of the correspondence can be found in the Annex.

  1. The lead committee for this instrument is the Criminal Justice Committee.

  1. The Committee draws this instrument to the attention of the Parliament on the general reporting ground in respect of a cross-referencing error in paragraph (6) of Rule 3.54.4.

  1. The Committee welcomed that the Lord President intends to correct the error in a forthcoming amending instrument.

No points raised

Criminal Justice Committee

Offensive Weapons Act 2019 (Commencement No. 3) (Scotland) Regulations 2023 (SSI 2023/72 (C.6))

Annex

Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Sexual Harm Prevention Orders and Sexual Risk Orders) 20233 (SSI 2023/62)

On 10 March 2023, the Committee asked the Scottish Government:

Paragraph 2 of the Act of Sederunt amends the Summary Applications, Statutory Applications and Appeals etc. Rules and inserts Part LIV which provides the procedural rules for applications for sexual harm prevention orders and sexual risk orders. Rule 3.54.4 makes rules for applications to vary, renew or discharge these orders. Any person who receives intimation of an application may give notice that they wish to have a hearing to consider the application. Rule 3.54.4 paragraph (6) provides that where no notice of a wish for a hearing has been given and the sheriff gives an opportunity to parties to make written representations the sheriff must specify the period within which the representations must be lodged and any party lodging written representations must intimate them to any other party.

  1. In Rule 3.54.4 paragraph (6) should the reference to paragraph 4(b) be to paragraph 4(c)?

  2. Please confirm whether any corrective action is proposed, and if so, what action and when.

On 10 March 2023, the Lord President’s Private Office responded:

  1. The reference in the chapeau to rule 3.54.4(6) should be to paragraph (4)(c) rather than paragraph (4)(b).

  2. This will be rectified in a forthcoming instrument which will be making amendments to the Summary Application Rules.