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Chamber and committees

Subordinate Legislation Committee, 04 Nov 2008

Meeting date: Tuesday, November 4, 2008


Contents


Sexual Offences (Scotland) Bill: Stage 1

The Convener:

This is our final consideration of the bill at stage 1. Last week, we took evidence from officials on the powers that are conferred by sections 29 and 32. Today, I will ask the committee to agree the terms in which we want to report to the lead committee.

Section 29 confers the power to specify relevant offences for the purposes of section 29(2). Are we content to report in the terms that are set out in the summary of recommendations?

Members indicated agreement.

The Convener:

Section 30 confers the power to prescribe the form of notice of alternative verdicts. At our meeting on Tuesday 9 September, we considered whether that power was acceptable, as well as its not being subject to parliamentary procedure. Are we content to report accordingly?

Members indicated agreement.

The Convener:

Section 32 confers the power to amend the definition of what constitutes a position of trust in respect of the offence of "sexual abuse of trust" at section 31. Are we content to report in the terms that are set out in the summary of recommendations?

Members indicated agreement.

The Convener:

Section 35 confers the power to specify circumstances that are to be regarded as constituting the provision of care services for the purpose of the offence of

"sexual abuse of trust of a mentally disordered person."

In light of the Scottish Government's response, at our meeting on Tuesday 9 September, we considered that power to be acceptable, as is the fact that it is subject to the negative procedure. Can we report accordingly?

Members indicated agreement.

The Convener:

Section 38 confers the power to prescribe the form of notice of alternative verdicts. Again, at our meeting on Tuesday 9 September, we agreed that that power is acceptable, as is the fact that it will not be subject to parliamentary procedure. Are we content to report accordingly?

Members indicated agreement.

The Convener:

I thank you.

Section 42 confers the power to prescribe the period of notice of defence to an offence under section 42(1). At the same meeting on 9 September, we agreed that the power is acceptable, as is the fact that it is not subject to parliamentary procedure. Are we happy to report accordingly?

Members indicated agreement.

The Convener:

Section 43 confers the power to prescribe the period of notice of defence to an offence under section 43(2)(b). At the meeting on Tuesday 9 September, we agreed that that power is acceptable, as is the fact that it is not subject to parliamentary procedure. Are we happy to report accordingly?

Members indicated agreement.

The Convener:

On section 45, "Ancillary provision", at the committee's meeting on Tuesday 7 October, we confirmed that we are content to welcome the Government's response, and to consider the proposed amendments at stage 2. Are we content to report that?

Members indicated agreement.

We are almost there.

On section 46, "Orders", at the committee's meeting on Tuesday 9 September, we determined that the power conferred is acceptable. Are we content to report accordingly?

Members indicated agreement.

The Convener:

At our meeting on 9 September, we decided that the power contained in section 49, "Short title and commencement", is acceptable, as is the fact that it is not subject to parliamentary procedure. Can we report that accordingly?

Members indicated agreement.