Delegated Powers and Law Reform Committee

Meeting date: Tuesday, December 10, 2013

Official Report 271KB pdf

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Instruments not subject to Parliamentary Procedure

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Bovine Viral Diarrhoea (Scotland) Amendment (No 2) Order 2013 (SSI 2013/337)

The form or meaning of the definition of “current BVD finding” that article 3(a) inserts in the Bovine Viral Diarrhoea (Scotland) Order 2013 (SSI 2013/3)—the 2013 order—could be clearer when read with the existing definition of “BVD finding” in the 2013 order. The discrepancy between the two definitions results in ambiguities in the provision that is made by the 2013 order as amended by SSI 2013/337.

Does the committee agree to draw the order to the attention of the Parliament on reporting ground (h)?

Members indicated agreement.

There is also a patent error in article 17, which amends article 24(1) of the 2013 order. Article 24(1) concerns maintenance by the Scottish ministers of a record of information notified to them under various provisions of that order. Article 17 of the amending order amends article 24(1) to include reference to the four new requirements to notify matters to the Scottish ministers. It incorrectly refers to information notified under article 23D(2)(c), when the intention is clearly to refer to information notified under article 23D(1)(b).

Does the committee therefore agree to draw the order to the attention of the Parliament under the general reporting ground, as there is a patent error in article 17, which amends article 24(1) of the 2013 order?

Members indicated agreement.

The committee may wish to note that the Scottish Government has undertaken to lay an amending instrument to remedy both those matters. It is intended that the amending provisions will come into force on 1 January 2014, together with the provisions in the order.

Does the committee agree to note that the Scottish Government has undertaken to lay an amending instrument to remedy both matters?

Members indicated agreement.

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Defamation Act 2013 (Commencement) (Scotland) Order 2013 (SSI 2013/339)

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Sexual Offences (Scotland) Act 2009 (Commencement No 2) Order 2013 (SSI 2013/341)

The committee agreed that no points arose on the instruments.