Subordinate Legislation Committee

Meeting date: Tuesday, November 6, 2012

Official Report 261KB pdf

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Instruments not subject to Parliamentary Procedure

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Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No 3) 2012 (SSI 2012/271)

The reference to satisfaction of the condition in section 23A(5)(c) in paragraph 6 of form 59 is unnecessary, as the conditions in question can relate only to a grant, giving or renewal other than one given by an officer of a local authority. No persons other than such officers are currently treated as “relevant persons” in Scotland.

Does the committee therefore agree to draw the act of sederunt to the attention of the Parliament under the general reporting ground, as it contains a minor drafting error?

Members indicated agreement.

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Act of Sederunt (Actions for removing from heritable property) (Amendment) 2012 (SSI 2012/273)

Paragraph 2(2) purports to amend “rule 3” of the Act of Sederunt (Actions for removing from heritable property) 2012 (SSI 2012/136), and paragraphs 1(b), 5(a) and 7(a) within it. The references should instead be to paragraph 3 and to subparagraphs (1)(b), (5)(a) and (7)(a). That represents a failure to follow proper drafting practice, and the resultant lack of clarity creates a risk of confusion for the end users of the act of sederunt about exactly which provisions are being referred to.

Does the committee therefore agree to draw the act of sederunt to the attention of the Parliament under the general reporting ground?

Members indicated agreement.

Does the committee also welcome the fact that the Lord President’s private office proposes to correct the issue in a forthcoming instrument?

Members indicated agreement.

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Act of Sederunt (Rules of the Court of Session Amendment No 5) (Miscellaneous) 2012 (SSI 2012/275)

Paragraph 3(3) inserts into the rules of the Court of Session a new rule 55.2D(5) that erroneously refers to an application “by notice” rather than an application “by motion”.

In addition, paragraph 3(5) inserts new rules 55.5B and 55.5C. However, there is no rule 55.5A, so those provisions ought to have been numbered 55.5A and 55.5B. Accordingly, there has been a failure to follow proper drafting practice, which risks causing confusion to the end users of the rules.

Does the committee therefore agree to draw the act of sederunt to the attention of the Parliament on the general reporting ground in respect of those two matters?

Members indicated agreement.

As before, does the committee also welcome the fact that the Lord President’s private office has agreed to correct those errors in a forthcoming instrument?

Members indicated agreement.

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Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No 2) Amendment (No 2) Order 2012 (SSI 2012/281)

The committee agreed that no points arose on the instrument.

That gets us through the agenda. Our next meeting will be held on Tuesday 13 November.

Meeting closed at 10:42.