Subordinate Legislation Committee

Meeting date: Tuesday, September 6, 2011

Official Report 279KB pdf

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Instruments subject to Affirmative Procedure

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Construction Contracts (Scotland) Exclusion Order 2011 [Draft]

I welcome members to the third meeting of the Subordinate Legislation Committee in session 4. We have apologies from John Scott. I ask members to turn off their mobile phones and I will start by complying myself.

As members will note from the legal brief, there has been a failure to follow proper drafting practice, because words have been omitted in error from the headnote and the order contains an unnecessary extent provision. Given the failure to follow proper drafting practice, are members agreed to draw the order to the attention of the Parliament on the general reporting ground?

Members indicated agreement.

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Scheme for Construction Contracts (Scotland) Amendment Regulations 2011 [Draft]

The legal brief notes that there have been failures to follow proper drafting practice. The following specific points are drawn to the committee’s attention: words have been omitted in error from the headnote; the regulations contain an unnecessary extent provision; a word has been omitted from regulation 2, although it does not appear to affect the meaning or effect of the regulations; and a defined term has been given a different meaning in the regulations to that given in the explanatory note. Mindful of those failures to follow proper drafting practice, do members agree to draw the regulations to the Parliament’s attention on the general reporting ground?

Members indicated agreement.