Subordinate Legislation Committee
Meeting date: Tuesday, February 5, 2013
Official Report
331KB pdf
Public Body Consent Memorandum
Draft Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013
The next item of business is consideration of the draft Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013, which is a United Kingdom Government order under section 1 of the UK Public Bodies Act 2011.
As members will recall, the consent of the Scottish Parliament is required to make an order under part 1 of the Public Bodies Act 2011 when such an order makes provision that would be within the legislative competence of the Scottish Parliament. The Subordinate Legislation Committee considers and reports on such orders on the same grounds as instruments that are laid before the Parliament.
No formal points have been raised by our legal advisers on the order, but the committee may wish to draw it to the attention of the lead committee that the explanatory document that accompanies the order does not explain how the statutory criteria in section 8 of the Public Bodies Act 2011 have been satisfied in relation to the effect of the order in its application to Scotland. Therefore, the lead committee may wish to explore with the Scottish Government how the order and any subsequent Scottish proposals will improve the exercise of public functions in Scotland.
Does the committee agree not to formally draw the order to the attention of the Parliament, but to raise the aforementioned issue that relates to the explanatory document with the lead committee?
Members indicated agreement.
That completes the agenda. Our next meeting will be on Tuesday 19 February. Thank you very much indeed.
Meeting closed at 10:56.