Subordinate Legislation Committee, 16 Jan 2007

Meeting date: Tuesday, January 16, 2007

Official Report 127KB pdf

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Delegated Powers Scrutiny

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Crofting Reform etc Bill: as amended at Stage 2

I welcome members to the second meeting in 2007 of the Subordinate Legislation Committee. I have received apologies from Murray Tosh and Janis Hughes. I am sorry that, last week, I did not pass on Stewart Maxwell's apologies, which I should have done.

Thank you, convener.

Item 1 is delegated powers scrutiny of the Crofting Reform etc Bill, as amended at stage 2. A number of the provisions that contained delegated powers or on which the committee commented were removed at stage 2. Those were contained in sections 1, 2 and 8.

We had no difficulty with the delegated power contained in new section 46A of the Crofters (Scotland) Act 1993, "Regulations concerning loans", which is inserted by section 36 of the bill, nor with the use of the negative procedure. We noted, however, that as drafted at stage 1, section 46A(2)(f) referred to

"recovery of any part of a loan",

which might have prejudiced the recovery of the whole of a loan. The Executive redrafted that to avoid the difficulty that we identified. I am sure that we are content with the redrafted wording.

Members indicated agreement.

New subsection (5B)(a) of section 38, "Further amendments in relation to the Land Court", amends schedule 1 to the Scottish Land Court Act 1993. The stage 2 amendment seems to have made a useful change that tidies up a grey area of law. Orders under paragraph 12 of schedule 1 to the act, like other court rules, will not be laid before the Parliament, but will be subject to technical scrutiny by the committee in the normal way. Are members content with the new subsection?

Members indicated agreement.

Section 45, "Transitional provision etc", confers the customary power to make, by subordinate legislation, amendments that are supplemental to or consequential on the bill. A response has been given to a point that the committee made at stage 1, and no concerns about the provision have been highlighted. Are we content with the amendment that was made?

Members indicated agreement.

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Criminal Proceedings etc (Reform) (Scotland) Bill: as amended at Stage 2

We raised one point on the Criminal Proceedings etc (Reform) (Scotland) Bill with the Executive last week, on section 43 and the power to make detailed provision on the seizure of vehicles. We were content with the amendment that was made at stage 2, but we asked the Executive whether thought could be given to restricting the power to "reasonable" fees and charges. A helpful response—I think—has been received. It confirms that, having considered the point, the Executive will lodge an amendment at stage 3 that will add the qualification that we suggested. I take it that we are content with that.

Members indicated agreement.