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Procurement Reform (Scotland) Act 2014 (Commencement No 3 and Transitional Provisions) Order 2016 (SSI 2016/30)
The order commences, among other provisions, the schedule to the Procurement Reform (Scotland) Act 2014, in so far as it is not already in force. That provision is of no effect, as the schedule has already been brought into force by virtue of a previous order—it was brought into force by SSI 2015/331 on 28 September 2015.
Does the committee therefore agree to draw the order to the attention of the Parliament under the general reporting ground, as it contains a provision of no effect?
I think that this is unfortunate. I take the point that, legally, the provision has no effect, but I think that there is scope for confusion for the ordinary reader about whether the schedule came into force on 28 September 2015—which is indeed when it came into force—or whether it is to come into force on 18 April this year, as the order that we are considering would appear to suggest.
I feel that there should be some way of that being officially noted, to clarify matters for the public eye because, depending on which piece of legislation someone looks at first, they could be confused about whether the schedule was to come into force on 18 April this year or whether it came into force on 28 September last year.
That is a perfectly fair point. I simply make the point that the order brings in other provisions, which do come into force in April, so it is not the case that the entire instrument is redundant.
I support what John Mason has said.
Is there anything that the Government can easily and reasonably do to clarify the situation, not for the experienced reader but for the layperson, to make it more easily accessible to those who might wish to look at it?
Indeed. The question is now on the record, and we will draw it to the Parliament’s attention. The Government might consider how it might be able to amend the record that people will consult, in order to get them to the right answer.
Are we agreed to report in those terms?
Members indicated agreement.
Reservoirs (Scotland) Act 2011 (Commencement No 5 and Transitional Provision) Order 2016 (SSI 2016/42)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Children and Young People (Scotland) Act 2014 (Commencement No 11) Order 2016 (SSI 2016/60)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.