Subordinate Legislation Committee

Meeting date: Tuesday, December 7, 2010

Official Report 316KB pdf

---

Instruments not laid before the Parliament

---

Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No 6, Transitional and Savings Provisions) Order 2010 (SSI 2010/413)

The committee accepts that the order is intra vires. In general, however, where an enabling act provides for a particular power to make transitional or savings provisions in connection with the coming into force of the provisions of the act, such as the power in section 205(1) of the Criminal Justice and Licensing (Scotland) Act 2010, the committee would expect that power to be used to make such provisions, rather than any more general power, such as that in section 201(2)(a) of the 2010 act.

There is quite a lot in that; I assume that members were diligently following every word of it.

The committee notes that, as a result of the Government’s choice of power, there is no parliamentary scrutiny of the ancillary provisions when section 205(1) provides for negative procedure.

Does the committee agree to report in those terms?

Members indicated agreement.

---

Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendment) (No 2) 2010 (SSI 2010/416)

---

Act of Sederunt (Rules of the Court of Session Amendment No 5) (Miscellaneous) 2010 (SSI 2010/417)

---

Act of Adjournal (Criminal Procedure Rules Amendment No 4) (Miscellaneous) 2010 (SSI 2010/418)

---

Sheep Scab (Scotland) Order 2010 (SSI 2010/419)

The committee agreed that no points arose on the instruments.

As agreed earlier, we move into private session.

14:20 Meeting continued in private until 14:32.