Subordinate Legislation Committee

Meeting date: Tuesday, December 15, 2009

Official Report 261KB pdf

---

Crime and Security Bill

On clause 45, “Commencement”, do we agree to report that the proposed power is acceptable in principle and that, in accordance with normal practice, it is appropriate that the commencement order is subject to no procedure?

Members indicated agreement.

We might also draw it to the attention of the lead committee that, in exercising their powers under new section 4A(2)(c), the Scottish ministers are able to designate the activities undertaken by businesses that are to be subject to the regulatory and licensing regime. However, that ability is subject to the overriding power of the secretary of state under new section 4B(1) to prescribe circumstances in which a business, which would otherwise be caught by the regulations, shall not be guilty of an offence. We could draw it to the attention of the lead committee that the bill does not confer on the Scottish ministers a power equivalent to that conferred on the secretary of state by new section 4B(1). Are we agreed?

Members indicated agreement.

A legislative consent memorandum has been lodged on the UK Crime and Security Bill. Two issues arise on the bill.

Clause 39 will insert into the Private Security Industry Act 2001 new section 4A(2)(c), which contains a power to designate activities that are licensable. The legal advisers recommend that the committee should draw it to the attention of the lead committee that the manner in which clause 39 has been drafted appears not to take the position in Scotland properly into account. Although new section 4A of the 2001 act extends to Scotland, it appears that new sections 4A(2)(a) and 4A(2)(b) can have no practical application to activities described in those paragraphs and carried out in Scotland, since the LCM advises that such activities are currently illegal in Scotland. It does not appear to be sensible to require illegal activities to be subject to a licensing regime.

Subject to those observations, is the committee content with the power, and that it be subject to negative procedure?

Members indicated agreement.