Official Report 96KB pdf
Instruments not laid before <br />the Parliament
Management of Offenders etc (Scotland) Act 2005 (Commencement No 6) Order 2009 (SSI 2009/240)
Are we content to report to the Parliament that the order was defectively drafted, in so far as it failed to commence section 10(2)(b) of the Management of Offenders etc (Scotland) Act 2005 for the purposes of section 10(1)(e) of the act as commenced, and that the matter has been satisfactorily resolved by the Management of Offenders etc (Scotland) Act 2005 (Commencement No 7) Order 2009 (SSI 2009/269)?
Members indicated agreement.
Lands Tribunal for Scotland Amendment Rules 2009 (SSI 2009/259)
Are we content to report that we are satisfied with the explanation that the Scottish Government has provided for the delay in submitting the rules to the Parliament and that it has confirmed their date of publication?
Members indicated agreement.
Lands Tribunal for Scotland Amendment (Fees) Rules 2009 (SSI 2009/260)
Are we content to report that we are satisfied with the Scottish Government's explanation for the delay in submitting the rules to the Parliament and that it has confirmed their date of publication?
Members indicated agreement.
Act of Sederunt (Rules of the Court of Session Amendment No 7) (Adoption and Children (Scotland) Act 2007) 2009 <br />(SSI 2009/283)
The first question that we asked concerned the vires for inserted rules 67.12(3)(a) and 67.38(3)(a). Are we satisfied with the response from the Lord President's private office, in so far as reliance is placed on section 108(1) of the Adoption and Children (Scotland) Act 2007?
Members indicated agreement.
With regard to our second, third and fourth questions, which concerned, respectively, inserted rules 67.16(1)(a), 67.17(b)(iii) and 67.36(6), inserted rule 67.34(4), and inserted rule 67.35(6), do we welcome the indication given that the typographical errors will be corrected when the opportunity arises?
Members indicated agreement.
There will be a short examination after the meeting, to ascertain whether members have remembered what I read out.
Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009 (SSI 2009/284)
The first question that we asked concerned the vires for rules 12(3)(a) and 44(3)(a). Are we content to report that we find the response from the Lord President's private office satisfactory, in so far as reliance is placed on section 108(1) of the Adoption and Children (Scotland) Act 2007?
Members indicated agreement.
Did you say "gender neutered" the first time, convener?
If I did, it is most unfortunate—and it was merely an error.
Act of Sederunt (Ordinary Cause Rules Amendment) (Personal Injuries Actions) 2009 (SSI 2009/285)
We have two questions about the act of sederunt. First, are we content to bring it to the attention of the Parliament on the ground that the intention and effect of rule 36.E1(5) are not clear, and to inform the Parliament that the committee has, however, found the explanation provided by the Lord President's private office to be satisfactory?
Members indicated agreement.
Secondly, are we content to draw the act of sederunt to the attention of the Parliament on the ground that although—unusually—there is a reference in paragraph 2(7) to a part of the ordinary cause rules that has been revoked, we agree with the Lord President's private office that the reference is not likely to affect the operation of the provision?
Members indicated agreement.
Adoption and Children (Scotland) Act 2007 (Commencement No 4, Transitional and Savings Provisions) Order 2009 <br />(SSI 2009/267)<br />Management of Offenders etc (Scotland) Act 2005 (Commencement No 7) Order 2009 (SSI 2009/269)
Local Government in Scotland Act 2003 (Commencement No 4) Order 2009 <br />(SSI 2009/275)<br />Act of Sederunt (Lands Valuation Appeal Court) 2009 (SSI 2009/295)
The committee agreed that no points arose on the instruments.