Subordinate Legislation Committee, 10 Jan 2006
Meeting date: Tuesday, January 10, 2006
Official Report 141KB pdf
Contents
- Scottish Parliament Subordinate Legislation Committee Tuesday 10 January 2006
- Item in Private
- Delegated Powers Scrutiny
- Legislative Consent Memorandum
- Draft Instrument Subject to Approval
- Instruments Subject to Annulment
- Instruments Not Laid Before the Parliament
Instruments Not Laid Before the Parliament
Instruments Not Laid Before <br />the Parliament
Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No 2) Order 2005 (SSI 2005/642)
A few points have been raised about the order in the legal brief.
I would express the same concern that I expressed when we were dealing with the draft Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006: as long as the concerns that are expressed in the legal brief do not undermine the legislation, I am happy. I accept, however, that there is concern about the failure to commence sections 4(4) and 4(5) of the parent act. My understanding is that all the provisions will come into effect in March, and that there will not be a problem. As long as we can be reassured that that is the case, that is fair enough.
There is some concern about the failure to mention the name of the act itself in the commencement order. That is a fairly obvious omission. It might not be all that serious, in effect, but we should draw attention to the matter and ask whether it can be addressed.
Okay. We have three points to raise. First, there is the point about why sections 4(4) and 4(5), to which sections 4(6) and 4(8) are related, are not also commenced by the order. That was Stewart Maxwell's point. Secondly, as Ken Macintosh said, why does article 2 omit to include a reference to the act containing the sections to be brought into force by the order? Thirdly, why has a reference to section 43(4) been omitted from the preamble? Are we agreed on those points?
Members indicated agreement.
Adoption and Children Act 2002 (Commencement No 1) (Scotland) Order 2005 (SSI 2005/643)
No points arise on the order.
Charities and Trustee Investment (Scotland) Act 2005 (Commencement No 1) Order 2005 (SSI 2005/644)
Although the explanatory note for the commencement order states that all the order-making and regulation-making powers in the parent act are brought into force by the order, section 99, which contains an order-making power, is not commenced. I propose that we write to ask whether or not that is deliberate.
Are there any other points on the order? I have not missed out any words, have I?
If that decision was deliberate, we will ask the Executive for its reasons.
Absolutely. We have a good schoolteacher here.
That is an oxymoron.
Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2005 (SSI 2005/648)<br />Act of Sederunt (Rules of the Court of Session Amendment No 10) (Proceeds of Crime: External Requests and Orders etc) 2005 (SSI 2005/663)
No points have been identified on the acts of sederunt.
Meeting continued in private until12:47.
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Instruments Subject to Annulment