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Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (SSI 2015/419)
The instrument contains two drafting errors.
The first drafting error is in paragraph 4(2)(a), which amends rule 72(3) of the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988, where the reference to “sheriff principal” should have been omitted in rule 72(3)(b). Secondly, paragraph 12(3)(a)(iv) substitutes a new paragraph (10) of rule 23.1, on appeals, of the Act of Sederunt (Small Claim Rules) 2002. The provision should have substituted a new paragraph (9). The Lord President’s private office has confirmed that those provisions will be corrected within a further instrument, to be laid in due course.
Does the committee agree to draw the instrument to the attention of the Parliament on the general reporting ground?
Members indicated agreement.
How soon is “in due course” likely to be?
I think that the answer is when another suitable instrument comes forward. That probably does not take us very far.
Okay.
Does the committee agree that we want the corrections to be brought forward as soon as is reasonably practicable because we do not like the statute book to be untidy?
Yes. That is the point that I am trying to make: we would welcome the correction of the errors as soon as possible.
Members indicated agreement.
Management of Offenders etc (Scotland) Act 2005 (Commencement No 8) Order 2015 (SSI 2015/429)
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 No 6) (Special Measures in the Justice of the Peace Court) 2015 (SSI 2015/443)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.