Justice 2 Committee, 14 Jun 2005
Meeting date: Tuesday, June 14, 2005
Official Report
111KB pdf
Subordinate Legislation
Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (draft)
We have one piece of subordinate legislation before us. It is a draft Scottish statutory instrument to be dealt with under the affirmative procedure, which means that we require a minister to speak to and move a motion. It is therefore with much pleasure that I welcome the Deputy Minister for Justice, Mr Hugh Henry, who is accompanied by Jill Clark. Although the committee is rather sparsely represented this morning, the substance of the issues before us might not require a great deal of interrogation. Without further ado, I invite the minister to speak to the draft order and move the motion.
I am sure that it is the quality that counts, not the quantity, convener. I thank the committee for giving me this opportunity.
The draft order is to be made in exercise of the powers conferred under section 87 of the Fire (Scotland) Act 2005. As the convener said, it is subject to the affirmative resolution procedure.
Section 87 of the 2005 act states:
"The Scottish Ministers may by order make such incidental, supplementary, consequential, transitory, transitional or saving provision as they consider appropriate for the purposes of, in consequence of or for giving full effect to this Act or any provision of it."
The order will make the necessary amendments and repeals to other primary legislation, as required in consequence of parts 1 and 2 of the 2005 act. The changes that have been identified will update references to the terminology that is currently used within the service, such as "fire authority" and "fire brigade", and replace it with the new references to "fire and rescue authorities", as described in the act.
Changes will also be required to secondary legislation in consequence of the coming into force of parts 1 and 2 of the 2005 act. A further order under section 87 relating to secondary legislation was laid in the Scottish Parliament on 10 June. That order is subject to the negative procedure.
The commencement of the draft order before us in respect of the primary legislation is designed to co-ordinate with the coming into force of part 1 of the 2005 act later in the summer. The committee will have noted from my letter of today's date that the draft Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005, made under section 104 of the Scotland Act 1998, was laid in the United Kingdom Parliament on 7 June. That order will address the consequential modifications to reserved legislation.
I move,
That the Justice 2 Committee recommends that the draft Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 be approved.
Does the draft order contain any financial implications for the fire and rescue authorities?
Not that we are aware of. We would safely say that there are no such implications.
Motion agreed to.
I thank the Deputy Minister for Justice and his colleague for attending.