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Chamber and committees

Subordinate Legislation Committee,

Meeting date: Tuesday, May 5, 2009


Contents


Schools (Consultation) (Scotland) Bill: Stage 1

The Convener:

Agenda item 3 is the Schools (Consultation) (Scotland) Bill. When we considered the bill at our meeting on 31 March, we asked two questions. We have in front of us copies of those questions and the Government's response.

First, on the ancillary provisions in section 20(1), are we content that the Scottish Government's response is satisfactory and that the proposed power under section 20(1)—and the related provision in subsections (3) and (4)—is acceptable?

Members indicated agreement.

Secondly, are we content with the reference to procedure being by negative resolution of the Scottish Parliament unless the instrument amends an act, in which case the affirmative procedure will be used?

Members indicated agreement.

The Convener:

We move on to consider the power in subsection (2) of section 22, "Commencement and short title". Do we agree to invite Scottish Government officials to attend the committee meeting in order to provide further clarification—in so far as not covered by their reply of 14 April, which we have before us—on whether it is possible that section 22(4)(a) could be used to amend other enactments and, if that is the case, why no procedure is justified for such an order, given the approach in section 20(6)(b)?

Members indicated agreement.

Thank you for that. It will be good to pull in the Government officials just to make the point.