Delegated Powers and Law Reform Committee
Meeting date: Tuesday, June 11, 2013
Official Report
329KB pdf
Instruments not subject to Parliamentary Procedure
Act of Sederunt (Rules of the Court of Session Amendment No 4) (Miscellaneous) 2013 (SSI 2013/162)
Paragraph 7 saves the rules of the Court of Session as they applied prior to 24 June 2013 for the purposes of appeals under section 51 of the Children (Scotland) Act 1995—appeals relating to children’s hearings—that are commenced but not determined before 24 June. It also saves those rules in relation to any further rights of appeal that follow on from such appeals.
It is not clear from paragraph 7 whether the saving is intended to apply only to appeals to the Court of Session that are made from an appeal to the sheriff or sheriff principal under section 51 before 24 June or whether it is also intended to apply to appeals to the Court of Session that are made from an application to the sheriff or sheriff principal under section 51 before that date. Accordingly, the drafting could be clearer in giving effect to the intention.
Does the committee agree to draw the instrument to the attention of the Parliament on reporting ground (h), as the meaning of paragraph 7 could be clearer?
Members indicated agreement.
Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No 3) 2013 (SSI 2013/171)
The committee agreed that no points arose on the instrument.
Although our legal advisers have raised no points, the committee may wish to note that the convention that instruments be laid 10 to 14 days prior to the first coming into force date has not been observed. The result is that the committee has not had the opportunity to scrutinise the instrument prior to the first coming into force date.
Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (SSI 2013/172)
Children’s Hearings (Scotland) Act 2011 (Commencement No 8) Order 2013 (SSI 2013/190)
The committee agreed that no points arose on the instruments.