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Instruments Not Laid Before <br />the Parliament
Act of Sederunt (Rules of the Court of Session Amendment No 6) (Recognition and Enforcement of Judgments in Civil and Commercial Matters) 2007 (SSI 2007/350)
I point out for the record that sederunt is to do with civil matters, which is something that I learned today. Are members content to ask the Lord President's office to explain why, in relation to articles 2(2) and 2(3), paragraph 1A of schedule 2 to the European Communities Act 1972 has not been cited as an enabling power?
I thought that we had already asked that and that the Executive had batted the question away. Are we going to ask again?
That is the implication.
Fair enough.
Belt and braces, Richard, belt and braces.
Act of Sederunt (Sheriff Court European Enforcement Order Rules) Amendment (Extension to Denmark) 2007 <br />(SSI 2007/351)
Are members content to ask the Lord President's office why, in relation to article 2(2), paragraph 1A of schedule 2 to the European Communities Act 1972 has not been cited as an enabling power? Are members also content to raise minor points on the instrument?
Act of Sederunt (Rules of the Court of Session Amendment No 7) (Devolution Issues) 2007 (SSI 2007/360)
Are members content to ask the Lord President's office, first, which paragraph (c) is being referred to in article 2(2)(b), given that the phrase "paragraph (c)" occurs twice in rule 25A.1 of the rules of the Court of Session, and why that was not made clearer, and, secondly, why the direction in article 2(11)(b) is that the new form title "becomes" the new wording, rather than being substituted for the old title? Are members also content to raise minor points informally on the instrument?
Act of Adjournal (Criminal Procedure Rules Amendment No 4) (Devolution Issues) 2007 (SSI 2007/361)
Are members content to ask the Lord President's office, first, which paragraph (c) is being referred to in article 2(2)(b), given that the phrase "paragraph (c)" occurs twice in rule 40.1, and why that was not made clearer, and, secondly, why the direction in article 2(12)(h) is that the new form title "becomes" the new wording, rather than being substituted for the old title?
I am sorry to sound so formal.
Act of Sederunt (Proceedings for Determination of Devolution Issues Rules) Amendment 2007 (SSI 2007/362)
Are members content to raise with the Lord President's office the matters that are listed in the summary of recommendations, as well as minor points on the instrument?
Disease Control (Interim Measures) (Scotland) Amendment Order 2007 <br />(SSI 2007/387)
This is quite important. During our informal discussion before the meeting started we said that it seems strange that two procedures are being combined in the way that is described in our summary of recommendations.
Given that the Parliament determined the procedure to which the enabling power should be subject, it is unacceptable that an approach that involves no parliamentary procedure should take precedence over the negative procedure. That is an extremely dangerous precedent. If an order must be made by exercising enabling powers that are subject to two procedures—the approach does not seem sensible but I gather that it has been taken in the past—the superior procedure and not the inferior procedure should take precedence. We should ask the Executive to establish and adhere to that principle.
Yes. The summary of recommendations asks us to consider why the Executive purports to
Protection of Vulnerable Groups (Scotland) Act 2007 (Commencement No 1) Order 2007 (SSI 2007/385)
The committee agreed to raise minor points on the instrument.
Adult Support and Protection (Scotland) Act 2007 (Commencement No 1, Transitional Provision and Savings) Order 2007 (SSI 2007/334)<br />Legal Profession and Legal Aid (Scotland) Act 2007 (Commencement No 3) Order 2007 (SSI 2007/335)
Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act (Sexual Orientation) Regulations 2007) 2007 (SSI 2007/339)<br />Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (Commencement No 1) Order 2007 (SSI 2007/372)
Prostitution (Public Places) (Scotland) Act 2007 (Commencement) Order 2007 <br />(SSI 2007/382)
The committee agreed that no points arose on the instruments.
Thank you for your contributions. I look forward to seeing you at our next meeting, which will take place next Tuesday at 2.15 pm. We will all study our legal brief doubly hard before then.
Meeting closed at 14:39.
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Instruments Subject to Annulment