Subordinate Legislation Committee, 06 Oct 2009

Meeting date: Tuesday, October 6, 2009

Official Report 134KB pdf

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Instruments not laid before the Parliament

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Public Health etc (Scotland) Act 2008 (Commencement No 2, Savings and Consequential Provisions) Order 2009 (SSI 2009/319)

The order contains a drafting error. In schedule 2, the reference in the first line of paragraph 2 should be to part 1 of schedule 3 to the Public Health etc (Scotland) Act 2008, and not to part 3 as stated. Although that is not likely to affect the validity or effect of the order because it should be clear to the informed reader what was intended, we should nonetheless report it to Parliament. Is that agreed?

Members indicated agreement.

I am much obliged to our legal team for picking up these niceties. That one would certainly have passed me by.

We should also report that the Scottish Government's explanation for the removal of certain words from the definition of "owner" in section 25(10) of the Agriculture (Safety, Health and Welfare Provisions) Act 1956, under part 1 of schedule 3 to the order, is satisfactory. Are we agreed?

Members indicated agreement.

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Act of Adjournal (Criminal Procedure Rules Amendment No 4) (Devolution Issues) 2009 (SSI 2009/322)

The act of adjournal contains two drafting errors. The preamble contains an incomplete reference to schedule 6 to the Scotland Act 1998, and in paragraph 2(5), the reference to rule 40.9 should be a reference to rule 40.10. Do we agree to report it on those grounds?

Members indicated agreement.

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Act of Sederunt (Devolution Issues) (Appeals and References to the Supreme Court) 2009 (SSI 2009/323)

There is a drafting error in the preamble, in that the reference in the final line should be to "section 32", not "section 33". It is not considered that the error affects the validity or operation of the act of sederunt, but shall we report it on those grounds?

Members indicated agreement.

Is it not great when we pick up these points and make things all nice and straight?

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Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 2009 (SSI 2009/315)<br />Judiciary and Courts (Scotland) Act 2008 (Commencement No 3) Order 2009 (SSI 2009/318)

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Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc Rules) Amendment (Public Health etc (Scotland) Act 2008) 2009 (SSI 2009/320)

The committee agreed that no points arose on the instruments.

That is it, folks. The next meeting is on Tuesday 27 October at 2.15pm, when we will take oral evidence on the Interpretation and Legislative Reform (Scotland) Bill.

I wish everyone a relaxing short break. My thanks go to the official report, the clerks and the legal team.

Meeting closed at 14:42.