Official Report 370KB pdf
The purpose of item 6 is for the committee to consider the delegated powers provisions in the Community Justice (Scotland) Bill at stage 1. The committee is invited to agree the questions that it wishes to raise with the Scottish Government on the delegated powers. The committee will have the opportunity to consider the responses at a future meeting, before the draft report is then considered.
Section 3(4) of the bill provides for the Scottish ministers to confer additional functions on, or transfer another person’s functions to, community justice Scotland. Section 3(5) provides that regulations that are made under section 3(4) may modify any enactment. The DPM does not appear to explain how those powers might be exercised.
In relation to the powers in sections 3(4)(c) and 3(5), does the committee agree to ask the Scottish Government: why, specifically, the power to make changes to the main functions of community justice Scotland as listed in section 3(1) is appropriate and how the Scottish Government might exercise the power to modify that subsection; and, secondly, which functions of community justice Scotland as described in section 3(1) and elsewhere in the bill are functions
“in relation to community justice”
that may be changed by regulations and whether it would be clearer if the provision set out which of the functions that are described in the bill could be changed and which could not?
Members indicated agreement.