Subordinate Legislation Committee, 07 Oct 2008

Meeting date: Tuesday, October 7, 2008

Official Report 104KB pdf

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Draft Instruments Subject to Approval

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Draft Instruments Subject <br />to Approval

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International Criminal Court (Remand Time) Order 2008 (Draft)<br />Provision of School Lunches (Disapplication of the Requirement to Charge) (Scotland) Order 2008 (Draft)

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Pre-release Access to Official Statistics (Scotland) Order 2008 (Draft)

Are members content with the orders, on which no points arise?

I have a question about the draft Provision of School Lunches (Disapplication of the Requirement to Charge) (Scotland) Order 2008. An annex on page 41 of our legal brief says:

"Footnote (b) on page 1 refers to section 53 of the Education (Scotland) Act 1980 as having been amended"

and refers to provisions that are not in force. Will that be clarified? Can we amend something that is not in force?

That is possible. A provision exists as a matter of law, so it can be amended. The amendment and the provision that it amended would have to be brought into force before the amended provision came into force.

So provisions would have to be introduced before an amendment could be made.

No. A provision could be amended so that it came into force as amended.

Okay—I am with you.

Is Helen Eadie happy with that?

Yes.

The committee agreed that no points arose on the instruments.