Official Report 243KB pdf
Instruments subject <br />to Annulment
Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) (No 2) Order 2009 (SSI 2009/337)
Can we agree to report that, in relation to the replies that have been provided by the Scottish Government in respect of questions 1 to 3, all of which were concerned essentially with the same issue and related to the nature of the "modifications" that the order makes to other primary legislation, we wish to bring the order to the attention of the lead committee and the Parliament on the basis that the form or meaning of articles 3 and 4, which provide for modification of the Police Act 1997 and the Protection of Children (Scotland) Act 2003, could have been made clearer and that, where the question whether an instrument makes a textual amendment is determinative of the parliamentary procedure that applies, we consider that the form of modification that is adopted should be absolutely clear?
Members indicated agreement.
Can we also agree to report that, in relation to the reply that has been provided to question 4, we wish to bring the order to the attention of the lead committee and the Parliament on the basis that the intended effect of article 2, which provides for the order being of temporary effect, could have been made clearer, as there appears to be a fundamental inconsistency between the proposition that the entire order is temporary in its legal effect and article 6, which provides for the revocation of the instrument that is referred to therein and which is assumed to be intended to be permanent?
Members indicated agreement.
Finally, can we agree to report that, in relation to the breach of the 21-day rule, we wish to report to the Parliament that we find satisfactory for our interests the explanation that is given by the Scottish Government in its letter to the Presiding Officer, dated 5 October 2009, for the failure to comply with article 10(2) of the Scotland Act (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (SSI 1999/1096)?
Members indicated agreement.
Town and Country Planning (Miscellaneous Amendments) (Scotland) (No 2) Regulations 2009 (SSI 2009/343)<br />Planning etc (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Amendment (No 2) Order 2009 (SSI 2009/344)
Pensions Appeal Tribunals (Scotland) (Amendment) Rules 2009 (SSI 2009/353)<br />Mental Health Tribunal for Scotland (Appointment of Medical Members) Amendment Regulations 2009<br />(SSI 2009/359)
The committee agreed that no points arose on the instruments.