Delegated Powers and Law Reform Committee

Meeting date: Tuesday, December 13, 2016

Official Report 328KB pdf

Criminal Finances Bill

The committee is invited to consider the powers to make subordinate legislation that are conferred on the Scottish ministers in the United Kingdom Parliament’s Criminal Finances Bill. A briefing paper has been provided that suggests that the committee may wish to be content with the powers that the bill delegates to the Scottish ministers in clauses 13, 25 and 49.

However, in relation to the powers in clause 53, the committee may wish to recommend to the Justice Committee that the powers that subsections (2) and (9) confer on the Scottish ministers to make commencement regulations should be subject to the parliamentary procedure that usually applies to commencement regulations—that is to say that the regulations should be laid before the Parliament and not subject to further affirmative or negative procedure, in accordance with section 30(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Does the committee agree to report to the Justice Committee accordingly?

Members indicated agreement.

Our next meeting will be held on Tuesday 20 December, when we will again consider Scottish statutory instruments.