Delegated Powers and Law Reform Committee

Meeting date: Tuesday, November 8, 2016

Official Report 440KB pdf

Instruments subject to Affirmative Procedure

Crown Estate Scotland (Interim Management) Order 2017 [Draft]

Good morning, everybody. I welcome members to the Delegated Powers and Law Reform Committee’s 10th meeting in session 5.

Item 1 is consideration of instruments that are subject to the affirmative procedure. Our legal advisers sought clarification from the Scottish Government of the policy intention as to the minimum number of members of Crown Estate Scotland (Interim Management), in relation to the drafting of article 5(1) of the draft Crown Estate Scotland (Interim Management) Order 2017. The Scottish Government has clarified that the intention is that the body should be capable of having a minimum of two members—that is, the chair plus one other member—rather than one.

There is a doubt about whether article 5(1) is sufficiently clear in that respect. The provision states:

“(1) Crown Estate Scotland (Interim Management) is to consist of—

(a) a member appointed by the Scottish Ministers to chair it; and

(b) up to 8 other members appointed by the Scottish Ministers.”

The Scottish Government contends that the division into subparagraphs (a) and (b) means that the provision cannot be read as meaning that the Scottish ministers are capable of determining that no other members are appointed apart from the chair. However, article 5(1) could simply have expressed that the ministers must appoint a minimum of—or at least—two members to the body, including the chair.

Does the committee therefore agree to draw the order to the Parliament’s attention on reporting ground (h), as the meaning of article 5(1) could be clearer?

Members indicated agreement.

Aberdeen Harbour Revision Order 2016 [Draft]

No points have been raised by our legal advisers on the instrument. Is the committee content with it?

Members indicated agreement.