Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 21, 2023

Official Report 697KB pdf

Instruments not subject to Parliamentary Procedure

Good morning, and welcome to the 10th meeting in 2023 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch their mobile phones to silent.

Under agenda item 1, we are considering two instruments that are not subject to any parliamentary procedure.

Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc Rules 1999 Amendment) (Sexual Harm Prevention Orders and Sexual Risk Orders) 2023 (SSI 2023/62)

An issue has been raised on this instrument, which provides new court rules for handling applications to the court arising under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. The committee identified an incorrect cross-reference in paragraph (6) of rule 3.54.4, in that the reference to paragraph (4)(b) should be to paragraph (4)(c). The Lord President’s private office has confirmed that the cross-reference is an error, and it proposes to rectify it in a forthcoming instrument that will make amendments to the summary application rules.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of a cross-referencing error in paragraph (6) of rule 3.54.4?

Members indicated agreement.

Does the committee welcome the Lord President’s intention to correct the error in a forthcoming amending instrument?

Members indicated agreement.

No points have been raised on the following instrument.

Offensive Weapons Act 2019 (Commencement No 3) (Scotland) Regulations 2023 (SSI 2023/72 (C 6))

Is the committee content with the instrument?

Members indicated agreement.