Subordinate Legislation Committee, 06 Feb 2007

Meeting date: Tuesday, February 6, 2007

Official Report 155KB pdf

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Instruments Not Laid Before the Parliament

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Local Governance (Scotland) Act 2004 (Commencement No 4) Order 2007 <br />(SSI 2007/25)

No points arise on the order.

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Local Electoral Administration and Registration Services (Scotland) Act 2006 (Commencement No 2 and Transitional Provisions) Order 2007 (SSI 2007/26)

The order contains powers that are subject to different procedures. Although section 63(2), read with section 61(2), is not subject to any procedure, the act provides that orders under section 62(1)(b) are subject to the negative procedure. The Executive has proceeded on the assumption that the order is—like any other commencement order—not laid before the Parliament and not subject to any procedure.

We should ask the Executive why it was considered necessary to cite section 62(1)(b) as an enabling power in addition to section 63(2) as read with section 61(2) and why, given that that power was cited, the order has not been made in the form of an instrument that is subject to annulment.

I am sure we should ask about that.

Yes. There are also some minor points that we will raise informally.

Members indicated agreement.

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Specified Animal Pathogens Amendment (Scotland) Order 2007 (SSI 2007/30)

No points arise on the order.

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Scottish Schools (Parental Involvement) Act 2006 (Commencement No 2) Order 2007 (SSI 2007/31)

No substantive points arise on the order but there are some minor points that we will raise informally.

Members indicated agreement.

Meeting continued in private until 12:12.