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Chamber and committees

Subordinate Legislation Committee,

Meeting date: Tuesday, May 4, 2004


Contents


Instruments Not Laid Before the Parliament


Instruments Not Laid Before <br />the Parliament


Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (SSI 2004/195)

The Lord President's legal secretary has asked legal advisers to express his most sincere apologies to the committee for the drafting error that occurred. We might wish to consider reporting the defective drafting to the Parliament.

We should also mention the fact that the High Court is moving to correct the error.

Yes—we will say that the court is correcting it. Is that agreed?

Members indicated agreement.


Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 (SSI 2004/197)

The Convener:

This act of sederunt involves an extension of the period within which lists of witnesses must be exchanged from 14 to 28 days. We should ask whether the inclusion of that extension is deliberate because, looking at the explanatory note, its seems that the act of sederunt is intended simply to be a restatement of the existing rules, which allow for 14 days. Is that agreed?

Members indicated agreement.


Public Appointments and Public Bodies etc (Scotland) Act 2003 (Commencement No 6) Order 2004 (SSI 2004/198)

No points of substance arise.

There is an informal point about earlier commencement orders, which could be raised in an informal letter.

Is that agreed?

Members indicated agreement.


Freedom of Information (Scotland) Act 2002 (Commencement No 3) Order 2004 (SSI 2004/203)

No points of substance have been identified, but we might wish to use an informal letter to make a point about the explanatory note, as noted in paragraph 56 of the legal brief. Is that agreed?

Members indicated agreement.

I thank members for their attendance.

Meeting closed at 10:45.