Official Report 276KB pdf
Act of Sederunt (Sheriff Appeal Court Rules) 2015 (SSI 2015/356)
The instrument contains defective drafting. Rule 5.6 includes provision as to where a document or other matter is intimated under the rules to the solicitor for the receiving party. Subparagraphs (2) and (3) of the rule are in conflicting terms where intimation is given at 17:00 hours precisely on any day. Subparagraph (2) provides that the date of intimation is that day, whereas subparagraph (3) provides that the date of intimation is the next day.
The Lord President’s private office has undertaken to lay a further instrument that will correct that error in time for the act of sederunt coming into force on 1 January 2016.
Does the committee agree to draw the instrument to the attention of the Parliament on reporting ground (i), as rule 5.6 appears to be defectively drafted?
Members indicated agreement.
Community Empowerment (Scotland) Act 2015 (Commencement No 2) Order 2015 (SSI 2015/358)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Water Act 2014 (Commencement No 1) (Scotland) Order 2015 (SSI 2015/360)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Mental Health (Scotland) Act 2015 (Commencement No 1, Transitional and Saving Provisions) Order 2015 (SSI 2015/361)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Scottish Independence Referendum (Chief Counting Officer and Counting Officer Charges and Expenses) Order 2015 (SSI 2015/368)
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 1996 Amendment) (No 5) (Request for Final Decision and Reasons) 2015 (SSI 2015/375)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.