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Reservoirs (Scotland) Act 2011 (Commencement No 3 and Transitional Provisions) Order 2015 (SSI 2015/63)
The meaning of this instrument could be clearer in the way that section 110(6) of the Reservoirs (Scotland) Act 2011 is commenced, with effect from 1 April 2015.
The Scottish Government does not intend with effect from that date to commence in relation to Crown land the powers of entry exercisable by the Scottish Environment Protection Agency for a purpose specified in paragraphs (b) to (k) of section 91(2), nor to commence the power of entry mentioned in section 93(1).
The Government does intend to commence with effect from that date in relation to Crown land the powers of entry for a purpose specified in section 91(1) and (2)(a) and (l) in section 93(2), so far as it applies where entry is taken for any such purpose. [Interruption.]
Let me run that again: the Government does intend to commence with effect from that date in relation to Crown land the powers of entry for a purpose specified in section 91(1) and (2)(a) and (l), and section 93(2) so far as it applies where entry is taken for any such purpose. Thank you for your patience.
The schedule to the order could have more clearly expressed those intentions by making provision in column (3) that section 110(6) of the 2011 act is commenced for those restricted purposes specified in section 91(1) and (2)(a) and (l) and section 93(2) so far as it applies where entry is taken for any such purpose. That would be clearer, given that section 110(6) expressly refers to all the
“powers conferred by section 91 (whether those specified in that section or the ancillary powers referred to in section 93(1) or (2))”
but not all those powers are commenced by the order.
Does the committee therefore agree to draw the attention of the Parliament to the instrument on reporting ground (h) as its meaning could be clearer?
Members indicated agreement.
I have a suspicion that my inability to read out the explanation rather makes the point.
Pollution Prevention and Control Act 1999 (Commencement No 3) (Scotland) Order 2015 (SSI 2015/74)
Sub-paragraph (g)(i) to (iii) of article 2(2) commences the repeal of certain sections of the Environment Act 1995. Sub-paragraphs (h) to (l) of article 2(2) also commence the repeal of certain sections, but they do not make it clear to which act or acts the specified sections belong.
It is intended that sub-paragraphs (h) to (l) should commence the repeal of further sections of the Environment Act 1995, running on from sub-paragraph (g)(i) to (iii). Sub-paragraphs (h) to (l) are therefore incorrectly numbered and should be numbered (g)(iv) to (viii).
Does the committee therefore agree to draw the instrument to the attention of the Parliament on reporting ground (h), as its meaning could be clearer?
Members indicated agreement.
I think that this issue is fundamental. I accept that sometimes in this committee we are dealing with fairly minor errors, but if a provision should be “(g)(iv) to (viii)”, that is quite different from “(h) to (l)”. That is absolutely clear and factual.
I happen to like figures, and figures are involved here: the drafting is either one or the other, and it is currently wrong. While I understand how it happened, I think that we should make a point about it.
Does the committee also agree to call on the Scottish Government to correct the error by laying a further instrument?
Members indicated agreement.
I agree with John Mason and his concerns. Probably the most elegant way of dealing with the situation is indeed to lay a new instrument, and I would be grateful if the Government would consider that.
Courts Reform (Scotland) Act 2014 (Commencement No 2, Transitional and Saving Provisions) Order 2015 (SSI 2015/77)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Post-16 Education (Scotland) Act 2013 (Commencement No 6) Order 2015 (SSI 2015/82)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Act of Adjournal (Criminal Procedure Rules Amendment) (Reporting Restrictions) 2015 (SSI 2015/84)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment No 3) (Reporting Restrictions) 2015 (SSI 2015/85)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.