Subordinate Legislation Committee

Meeting date: Tuesday, November 16, 2010

Official Report 364KB pdf

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Local Electoral Administration (Scotland) Bill: Stage 1

Our legal advisers have raised points that we might want to raise with the Scottish Government. In order to assess whether the power of direction in subsection 1 of section 5, “Directions to returning officers”, may be more appropriately exercisable as a power to make subordinate legislation, we might agree to seek the following information.

First, we may want to ask the Government to give examples of how the power could be used and how it would relate to existing law on the functions of returning officers for local government elections, including any other powers of direction. Secondly, we may want to ask the Government why it is considered appropriate to have this power of direction—which is not subject to parliamentary procedure—rather than enabling powers to make subordinate legislation, given the fact that the power could extend to local government elections generally.

Do we agree to ask those questions?

Members indicated agreement.

We will consider the Government’s response, along with a draft report, at our meeting in a fortnight’s time.