Delegated Powers and Law Reform Committee

Meeting date: Tuesday, February 16, 2021

Official Report 455KB pdf

Instruments subject to Affirmative Procedure

Criminal Justice (Scotland) Act 2003 (Supplemental Provisions) Order 2021 [Draft]

An issue has been raised on the first instrument for consideration under agenda item 4. Section 14 of the Criminal Justice (Scotland) Act 2003 makes provision for the Scottish ministers to use delegated powers to prescribe variously which courts can receive victim statements, which offences should require victim statements and the form and manner in which victim statements may be made. The draft Criminal Justice (Scotland) Act 2003 (Supplemental Provisions) Order 2021 would amend section 14 of the 2003 act to allow the Scottish ministers to combine exercise of those powers to make different provision for different purposes. The policy note that accompanies the instrument indicates that the intention is for the powers to be used more flexibly to allow victim statements to be made in relation to specific offences that are tried in a specific court in a prescribed manner. That would enable piloting of different models of victim statement scheme.

Although there is no suggestion that the instrument is outwith vires, it has been made by what appears to be an unusual or unexpected use of the power in section 84(1) of the 2003 act to make supplemental provision. The lead committee might wish to raise that approach with the relevant minister when it takes evidence on the instrument.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (g), as it has been made by what appears to be an unusual or unexpected use of the powers that are conferred by the parent statute?

No member has indicated that they are not content or that they wish to speak, so that is agreed.

Community Orders (Coronavirus) (Scotland) Regulations 2021 [Draft]

In relation to the second instrument for consideration under agenda item 4, drafting errors have been identified in subparagraphs (b) and (c) of regulation 4(1). In both instances, the reference to

“relevant unpaid work or other requirement”

should be to

“relevant unpaid work or other activity requirement”,

as defined in regulation 1.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, on the basis that there are drafting errors in regulation 4 of the instrument, and to note that the Scottish Government has undertaken to amend those errors by way of a correction slip?

No member has indicated that they are not content or that they wish to speak, so that is agreed.

Sea Fishing (EU Exit) (Scotland) (Amendment) Regulations 2021 [Draft]

No points have been raised on the third instrument for consideration under agenda item 4. Is the committee content with the instrument?

No member has indicated that they are not content or that they wish to speak, so that is agreed.