Subordinate Legislation Committee, 08 Sep 2009

Meeting date: Tuesday, September 8, 2009

Official Report 149KB pdf

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Instruments not laid before the Parliament

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Instruments not laid before <br />the Parliament

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Sheriff Court Districts Amendment Order 2009 (SSI 2009/293)

Are we content to report that the committee is satisfied with the explanation that it sought and received from the Scottish Government regarding the timing of the amendment order, which was made and came into force during the Parliament's summer recess?

Secondly, are we content to note that it would have been useful for our consideration of the amendment order and the Act of Sederunt (Commissary Business) (Amendment) 2009 if the letter that the Cabinet Secretary for Justice sent to the convener of the Justice Committee to explain the timing had been copied to us?

Thirdly, are we satisfied with the Scottish Government's explanation as to why articles 3(1)(f), 3(2) and 4 are classed as transitional rather than consequential provisions?

Members indicated agreement.

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Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 <br />(SSI 2009/294)

Are we content to report the act of sederunt on the ground that it contains drafting errors, as noted in the summary of recommendations, but to note that they are not considered likely to affect its operation? Do we agree that, in relation to the second point in the summary of recommendations, we welcome the response that the erroneous references will be corrected when the opportunity arises?

Members indicated agreement.

I say to Helen Eadie that I suppose we would wish our legal advisers to keep an eye on that.

Yes.