Delegated Powers and Law Reform Committee
Meeting date: Tuesday, October 25, 2016
Official Report 314KB pdf
Contents
- Attendance
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments not subject to Parliamentary Procedure
Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No 3) (Supervision Default Orders) 2016 (SSI 2016/300)
First, there is a minor drafting error in rule 20.23(2) of the Criminal Procedure Rules 1996 as inserted by paragraph 2(4) of the instrument. Rule 20.23(2) refers incorrectly to a supervision default order made under section 256AC(1)(a) of the Criminal Justice Act 2003. Such an order is made under section 256AC(4)(c) of that act.
Secondly, there has been a failure to follow the normal drafting practice in relation to the instrument’s title. The title indicates that the instrument is the third amendment of the Criminal Procedure Rules 1996, but the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No 3) (Instruction of Representation in the High Court) 2016 (SSI 2016/201) has already been laid before the Parliament. The normal practice would have been to number SSI 2016/300 as the fourth amendment of the rules rather than the third.
Does the committee wish to draw the instrument to the attention of the Parliament under the general reporting ground on account of the aforementioned minor drafting error and the failure to follow normal drafting practice in relation to the instrument’s title?
Members indicated agreement.
Does the committee accept that the Lord President’s private office intends to rectify the drafting error by means of a further instrument, which is to be laid at the next available legislative opportunity, and that the Lord President’s private office is taking the opportunity to review its drafting practice in relation to numbering in the titles of instruments that amend a principal instrument?
Members indicated agreement.
No points have been raised by our legal advisers on the following two instruments.
Act of Sederunt (Electronic Authentication) 2016 (SSI 2016/306)
Air Weapons and Licensing (Scotland) Act 2015 (Commencement No 5 and Saving Provisions) Order 2016 (SSI 2016/307 (C 29))
Is the committee content with the instruments?
Members indicated agreement.
Excellent. That concludes the committee’s business for today. Thank you all for your attendance.
Meeting closed at 10:05.