Subordinate Legislation Committee, 14 Dec 2004

Meeting date: Tuesday, December 14, 2004

Official Report 117KB pdf

---

Draft Instruments Subject to Approval

---

Draft Instruments Subject <br />to Approval

---

Scotland Act 1998 (Modification of Schedule 5) Order 2005 (draft)

No points have been identified on the order.

---

Scotland Act 1998 (River Tweed) Order 2005 (draft)

Our legal adviser has consulted various people and tells us that there is an important issue in relation to part 1, article 1(2) on page 5 of the order, which reads:

"Section 53 of the Scotland Act shall not apply to any function of the Scottish Ministers under this Order."

Our legal adviser is fairly convinced that that makes no sense and that we should be asking for clarification. We have a lot of detail about why article 1(2) of the draft order does not apply, so I suggest that we put all that into the letter to the Executive when we ask for clarification. Is that agreed?

Members indicated agreement.

The legal adviser is still talking to other people to get further clarification.

I presume that paragraph 58 of the legal briefing refers to the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003. I know that we have asked the question before, but let us not assume the answer; let us ask the question.

That is fine.

The legal brief lists three other points, about article 10, article 4(1) and a question as to whether, in the definition of enactment, "either" should read "any". We will add those three points to those we raised earlier.

Members indicated agreement.

I gather that we have time to get the information back and work on it.

---

Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2004 (draft)

No points have been identified on the order.