Subordinate Legislation Committee

Meeting date: Tuesday, April 16, 2013

Official Report 259KB pdf

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Scottish Independence Referendum Bill: Stage 1

The purpose of item 3 is for the committee to consider the delegated powers in the Scottish Independence Referendum Bill. The committee is invited to agree the questions that it wishes to raise with the Scottish Government on the delegated powers in the bill. It is suggested that the questions are raised in written correspondence. On the basis of the responses that are received, the committee would expect to consider a draft report at its meeting on 7 May.

Schedule 6 contains a civil sanction regime that allows the Electoral Commission to impose certain sanctions in connection with its role in monitoring and securing compliance with the campaign rules that are set out in the bill. Paragraph 16 provides that the Scottish ministers may make supplementary orders in relation to the regime. Such orders may make transitional, consequential or incidental provision. In addition, various matters throughout the schedule may be prescribed by the Scottish ministers in a supplementary order.

Does the committee agree to ask the Scottish Government to explain why the negative procedure is considered a suitable level of scrutiny for prescribing the amount that is payable under an offer to discharge liability for a fixed monetary penalty under paragraph 2 of schedule 6 and the minimum and maximum amounts of a non-compliance penalty under paragraph 9 when the affirmative procedure is considered appropriate for the scrutiny of the fixing of the amount of a fixed monetary penalty?

Members indicated agreement.