Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 13, 2018

Official Report 367KB pdf

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Instruments subject to Negative Procedure

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Sheriff Court Fees Order 2018 (SSI 2018/81)

The first instrument for consideration under agenda item 3 is Scottish statutory instrument 2018/81, which is part of a package of six instruments on our agenda that relate to fees across the courts and the office of the public guardian. Our legal advisers have indicated that there is an error in the order, which the Government has indicated that it will correct when an appropriate legislative opportunity arises.

Does the committee wish to draw the order to the attention of the Parliament on the general reporting ground, as article 5(2) has been erroneously carried forward from the Sheriff Court Fees Order 2015 (SSI 2015/264) despite its having no function in the 2018 order?

Members indicated agreement.

Secondly, does the committee wish to welcome the Scottish Government’s undertaking to revoke article 5(2) if an amending opportunity should arise?

Members indicated agreement.

No points have been raised by our legal advisers on the following five instruments.

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Sheriff Appeal Court Fees Order 2018 (SSI 2018/82)

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Court of Session etc Fees Order 2018 (SSI 2018/83)

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High Court of Justiciary Fees Order 2018 (SSI 2018/84)

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Justice of the Peace Court Fees (Scotland) Order 2018 (SSI 2018/85)

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Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2018 (SSI 2018/86)

Is the committee content with the instruments?

Members indicated agreement.