Subordinate Legislation Committee, 13 Sep 2005

Meeting date: Tuesday, September 13, 2005

Official Report 140KB pdf

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Instruments Not Laid Before the Parliament

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Instruments Not Laid Before <br />the Parliament

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Further and Higher Education (Scotland) Act 2005 (Commencement) Order 2005 <br />(SSI 2005/419)<br />Regulation of Care (Scotland) Act 2001 (Commencement No 6) Order 2005 <br />(SSI 2005/426)

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Civil Partnership Act 2004 (Commencement No 1) (Scotland) Order 2005 (SSI 2005/428)<br />Criminal Justice (Scotland) Act 2003 (Commencement No 6) Order 2005 <br />(SSI 2005/433)

No points arise on the orders.

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Tuberculosis (Scotland) Order 2005 <br />(SSI 2005/434)

There are two main points on the order. They are fairly straightforward, but members may want to add to what I say. The first point deals with the drafting of article 11(3), which talks about a notice

"served under paragraph (1)(b) or (2)".

That phrasing appears to mean that only article 11(1)(b) is relevant, rather than the whole of article 11(1). The nub of the issue is whether the Executive has got that right or whether it is defective drafting.

The previous order, which this order replaces, said "paragraph 1". The current order says 1(b), which is only part of paragraph 1. On the face of it, it looks like a small error. It is right that we should point it out.

The second point is a minor one. The references in article 8(6)(b) to "paragraph (a)" and in article 8(6)(c) to "paragraph (a) or (b)" should be to sub-paragraphs, because that is what they actually are. Is it agreed that we should ask the Executive about that defective drafting?

Members indicated agreement.