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Chamber and committees

Subordinate Legislation Committee, 10 Mar 2009

Meeting date: Tuesday, March 10, 2009


Contents


Arbitration (Scotland) Bill: Stage 1

The Deputy Convener:

Item 2 is consideration of the Arbitration (Scotland) Bill. On section 15, "Power to adapt enactments providing for statutory arbitration", are we agreed that the proposed power is acceptable in principle, that affirmative procedure is appropriate in respect of changes to primary legislation, and that negative procedure is appropriate in all other cases?

Members indicated agreement.

On section 16, "New York Convention awards", are we agreed that the proposed power in section 16(3) is acceptable in principle and that negative procedure is appropriate?

Members indicated agreement.

On section 22, "Arbitral appointments referee", are we agreed that the proposed power is acceptable in principle and that negative procedure is appropriate?

Members indicated agreement.

On section 23, "Power of judge to act as arbitrator or umpire", are we agreed that the proposed power in section 23(2), on fees, is acceptable in principle and that negative procedure is appropriate?

Members indicated agreement.

The Deputy Convener:

On section 24, "Amendments to UNCITRAL Model Law or New York Convention", are we agreed that the proposed power is acceptable in principle in so far as it relates to amendments to the New York convention, and that affirmative procedure is appropriate?

Members indicated agreement.

The Deputy Convener:

Are members also content to ask the Scottish Government, given that the model law is to be repealed and will no longer form part of the Scottish law on arbitration, what the justification is for a power to amend Scots law in consequence of any amendment that is made to the model law?

Members indicated agreement.

The Deputy Convener:

I do not know whether it is model or modal, actually. I think it is model.

On section 30, "Ancillary provision", are we agreed that the proposed power is acceptable in principle, that affirmative procedure is appropriate in respect of changes to primary legislation, and that negative procedure is appropriate in all other cases?

Members indicated agreement.

The Deputy Convener:

On section 33, "Commencement", are we agreed that the proposed power is acceptable in principle and that, in accordance with the normal practice with respect to commencement orders, no procedure is appropriate?

Members indicated agreement.