Delegated Powers and Law Reform Committee
Meeting date: Tuesday, June 3, 2014
Official Report
314KB pdf
Instruments subject to Affirmative Procedure
Registers of Scotland (Fees) Order 2014 [Draft]
Land Registration etc (Scotland) Act 2012 (Incidental, Consequential and Transitional) Order 2014 [Draft]
Public Appointments and Public Bodies etc (Scotland) Act 2003 (Treatment of Revenue Scotland as Specified Authority) Order 2014 [Draft]
I welcome members to the 19th meeting in 2014 of the Delegated Powers and Law Reform Committee and, as always, ask them to turn off their mobile phones. Apologies have been received from Stuart McMillan, in whose place I welcome Bruce Crawford, and from Margaret McCulloch, in whose place I welcome Mary Fee.
Agenda item 1 is consideration of three instruments subject to affirmative procedure. No points have been raised by our legal advisers on the orders, but the committee may wish to note that the Registers of Scotland (Fees) Order 2014 was withdrawn and subsequently relaid by the Scottish Government in order to correct several drafting errors and minor points that were identified by our legal advisers on behalf of the committee.
In raising this point, I am not addressing policy issues, but the policy note makes the statement that
“The instrument has no financial effects”.
Although the policy—as a brief look at it would confirm—is likely to have very minimal financial effects, I feel uncomfortable about the use of the word “no”. Given that a body has been added to the list of specified authorities that are covered by the Public Appointments and Public Bodies etc (Scotland) Act 2003, although there are unlikely to be any salary implications, travel costs might be incurred in going to meet candidates for appointment to the new body.
Therefore, I think that a better phrasing would be, “The instrument has minimal financial effects,” or “The new responsibilities can be addressed within existing resources.” It is overegging the pudding to say that the order will have no financial effects. It is likely that the policy committee will consider the financial effects to be extremely small indeed, but I would prefer a more focused wording to be used.
Thank you for those comments. For the record, I note that they relate to the draft Public Appointments and Public Bodies etc (Scotland) Act 2003 (Treatment of Revenue Scotland as Specified Authority) Order 2014.
Is the committee otherwise content with the orders?
Members indicated agreement.