Delegated Powers and Law Reform Committee
Meeting date: Tuesday, November 1, 2016
Official Report 426KB pdf
Contents
- Attendance
- Bankruptcy (Scotland) Act 2016: Subordinate Legislation
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments not subject to Parliamentary Procedure
Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016 (SSI 2016/313)
Form 6.1-A in schedule 1 to the instrument contains drafting errors. In the statement of facts, some text is missing from the second and alternative subparagraph (b) of paragraph 3, where the petitioner is a trustee under a trust deed. The paragraph should read, “It would be in the best interests of the creditors that an award of sequestration be made”. The italicised note in the first subparagraph (b) of paragraph 3, where the petitioner is a trustee under a trust deed, should refer to the debtor rather than to the respondent. Does the committee agree to draw the instrument to the Parliament’s attention on the general reporting ground, on account of those drafting errors?
Members indicated agreement.
Does the committee agree to welcome the plans of the Lord President’s private office to correct those errors before the instrument comes into force on 30 November?
Members indicated agreement.
No points have been raised by our legal advisers on the following five instruments.
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Bankruptcy (Scotland) Act 2016) 2016 (SSI 2016/312)
Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No 4) (Simple Procedure) 2016 (SSI 2016/315)
Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Postal Administration) 2016 (SSI 2016/318)
Act of Sederunt (Rules of the Court of Session 1994 and Summary Application Rules 1999 Amendment) (Serious Crime Prevention Orders etc) 2016 (SSI 2016/319)
Scottish Fiscal Commission Act 2016 (Commencement and Transitory Provision) Regulations 2016 (SSI 2016/326 (C 30))
Is the committee content with those instruments?
Members indicated agreement.
In relation to SSI 2016/315, does the committee agree to welcome the fact that, in respect of an undertaking previously given by the Lord President’s private office, various provisions in the instrument promptly correct errors that the committee reported on in relation to the Act of Sederunt (Simple Procedure) 2016 (SSI 2016/200)?
Members indicated agreement.
Thank you very much for your attention and help this morning.
Meeting closed at 10:50.