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Chamber and committees

Subordinate Legislation Committee,

Meeting date: Tuesday, May 2, 2006


Contents


Executive Responses


Public Appointments and Public Bodies etc (Scotland) Act 2003 (Treatment of Office or Body as Specified Authority) Order 2006 (draft)

The Convener:

We asked the Executive when it will make the order and bring it into force, which is critical in determining the vires of the order. The Executive responded that it will make the order as soon as possible after the draft order is approved by the Parliament, so the order is likely to be made at the end of May or in early June. We should draw the draft order to the attention of the lead committee and the Parliament on the ground that further information was requested from and supplied by the Executive. We could also draw attention to the problems that might arise in relation to the vires of the order while the Police, Public Order and Criminal Justice (Scotland) Bill has not at least been passed by the Parliament.

Mr Maxwell:

The legal brief describes the procedure at Westminster for determining when a bill can make reference to another bill, but the Scottish Parliament has no similar procedure. The Justice 2 Committee, of which I am a member, has completed stage 2 consideration of the bill, so stage 3 will happen soon. Is the problem just theoretical?

I think so.

I understand the problem. The approach makes me slightly nervous, but the bill will be passed and I foresee no problems in relation to the aspect of the bill that is relevant to the draft order.

Shall we report on that basis?

Members indicated agreement.


Private Water Supplies (Scotland) Regulations 2006 (SSI 2006/209)

The Convener:

We asked the Executive to explain why regulation 37(1) begins:

"with effect from 3 July 2006",

given that all the regulations will come into effect on that date. The Executive acknowledged that the words are unnecessary but explained why it used them. Shall we draw the attention of the lead committee and the Parliament to the Executive's response?

Members indicated agreement.