Official Report 213KB pdf
Instruments Not Laid Before <br />the Parliament
Planning and Compulsory Purchase Act 2004 (Commencement No 1) (Scotland) Order 2006 (SSI 2006/101)
It appears that there are some problems with the order, as the commencement seems to be too limited. For the order to have full force and effect, there is a need to commence certain other provisions of the 2004 act. Are members happy for us to ask the Executive why it has not commenced sections 90(4) and 117(8)?
Antisocial Behaviour etc (Scotland) Act 2004 (Commencement and Savings) Amendment Order 2006 (SSI 2006/104)
Stewart Maxwell would like to make a point about the order.
Clearly, there has been a delay in commencement, which has been deferred for a month. A similar point was made about the previous instrument. The order deals with only one commencement, and one wonders what happens to all the others. Do all those commencements still stand? Should they not have been changed at the same time? One would have thought that the delay of a month would have a knock-on effect and that the other commencements would have to be brought into line. Does the Executive simply have its fingers crossed? Is it just hoping for the best and that no one will notice? Will the courts accept that the original date means the new date—who knows? It seems strange that the Executive is not changing all the other commencements at the same time.
Shall we ask whether all the consequential changes to commencement dates have been made?
Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No 4) Order 2006 (SSI 2006/121)
No points arise on the order.
Meeting closed at 11:47.