Delegated Powers and Law Reform Committee

Meeting date: Tuesday, May 7, 2019

Official Report 480KB pdf

---

Instruments not subject to Parliamentary Procedure

Agenda item 4 is consideration of instruments not subject to parliamentary procedure.

---

Act of Sederunt (Rules of the Court of Session 1994 and Summary Applications, Statutory Applications and Appeals etc Rules 1999 Amendment) (Proceeds of Crime) 2019 (SSI 2019/146)

The first instrument is required as a consequence of amendments to the Anti-terrorism, Crime and Security Act 2001 and the Proceeds of Crime Act 2002 that were made by the Criminal Finances Act 2017. A couple of drafting errors in the instrument, one of which amounts to defective drafting, concern a substituted rule 3.19.1 of the Summary Application Rules 1999. Full information relating to these matters is available in our published papers. The Lord President’s private office has undertaken to rectify the errors at the first available opportunity.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in so far as the substituted provision makes reference to part 3A of the Proceeds of Crime Act 2002, which does not exist, and on reporting ground (i) in so far as subparagraph (e) of the substituted provision refers to a “seized property investigation”, which is not defined in the 2002 act?

Members indicated agreement.

Does the committee also wish to call on the Lord President’s private office to lay an amending instrument to rectify the errors at the earliest opportunity?

Members indicated agreement.

---

Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (SSI 2019/147)

As no points have been raised on the instrument, is the committee content with it?

Members indicated agreement.

11:11 Meeting continued in private until 11:11.