Delegated Powers and Law Reform Committee
Meeting date: Tuesday, May 23, 2017
Official Report 321KB pdf
Contents
- Attendance
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
- Wild Animals in Travelling Circuses (Scotland) Bill: Stage 1
- Annual Report
Instruments not subject to Parliamentary Procedure
Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2017 (SSI 2017/144)
The instrument makes technical amendments to the Criminal Procedure Rules 1996, further to the commencement of parts 3 and 5 of the Criminal Justice (Scotland) Act 2016. Paragraph 2(8)(a) omits various words from form 5.2—a form of record of proceedings at judicial examination—in the appendix to the 1996 rules. The signing details of the sheriff clerk were also intended to be omitted from the form. Does the committee agree to draw the instrument to Parliament’s attention on the general reporting ground, as it contains the minor drafting error that I just outlined?
Members indicated agreement.
The Lord President’s private office has clarified that no legal effect flows from the inclusion of the signing details. Does the committee therefore agree to accept that the Lord President’s private office has undertaken to correct the minor error at the next appropriate opportunity by means of an amendment?
Members indicated agreement.
Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No 2) (Human Trafficking and Exploitation) 2017 (SSI 2017/145)
Although no points have been raised by our legal advisers on the instrument, an inconsistency in drafting approach has been identified between it and SSI 2017/144, which I just mentioned as containing a minor error. In short, this instrument refers in certain places to an “offender” while SSI 2017/144 refers to a “person”. In light of the committee’s general interest in promoting consistency in drafting, does the committee agree to welcome the intention of the Lord President’s private office to consider that inconsistency in drafting approach at the next drafters meeting?
Members indicated agreement.
No points have been raised by our legal advisers on the following two instruments.
Carers (Scotland) Act 2016 (Commencement No 2 and Savings Provision) Regulations 2017 (SSI 2017/152 (C 12))
Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2017 (SSI 2017/154)
Is the committee content with the instruments?
Members indicated agreement.