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Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc) Order 2015 [Draft]
The committee may consider that article 5 of the order could be clearer in describing the extent of the functions to be exercisable by the Scottish ministers concurrently with the secretary of state as regards Scotland.
Article 5(3)(a) appears to confer on the Scottish ministers any of the provisions that are set out in schedule 2 to the Representation of the People Act 1983, subject to the limiting factors that are described elsewhere in that article, but article 5(3)(b) specifically confers on the Scottish ministers only the provisions in certain paragraphs of schedule 2. It is therefore not clear whether only the more limited scope of article 5(3)(b) applies.
Does the committee therefore agree to draw the order to the attention of the Parliament under reporting ground (h), as its meaning could be clearer?
Members indicated agreement.
The committee may wish to note that the Scottish Government does not consider that drafting to present a problem for the order’s practical application or to prevent the Government from achieving the overarching policy objective in the event that the Scottish Parliament were to exercise the additional legislative competence that the order would confer if it were made.
Does the committee agree to note that?
Members indicated agreement.
Is that all that we intend to say?
There is another issue. As members are aware, there is a difference between the form in which the Scottish ministers make subordinate legislation and the form that ministers of the Crown use, and there is a need to make provision to reflect that fact when pre-existing functions are shared with the Scottish ministers.
We noted that the most recent transfer of functions order made express provision for that point to make it clear. The order that we are considering today takes a different and more complex approach in that it relies on more general rules of interpretation. Although that approach can achieve the same result, we might take the view that it is less easy to follow.
Does the committee agree that consistency and simplicity of drafting would be more helpful to readers and that we would encourage such an approach to be adopted for future orders?
Members indicated agreement.
It is apparent that there is an inherent contradiction between article 5(3)(a) and article 5(3)(b). Even if the order is fit for purpose, one would hope that it will be tidied up subsequently.
Scotland Act 1998 (Modification of Schedule 5) Order 2015 [Draft]
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 [Draft]
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Charity Test (Specified Bodies) and the Protection of Charities Assets (Exemption) (Scotland) Amendment Order 2015 [Draft]
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Amendment Order 2015 [Draft]
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Scottish Tax Tribunals (Voting and Offences etc) Regulations 2015 [Draft]
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.
Revenue Scotland and Tax Powers Act (Postponement of Tax Pending a Review or Appeal) Regulations 2015 [Draft]
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.
European Protection Order (Scotland) Regulations 2015 [Draft]
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.
Budget (Scotland) Act 2014 Amendment Order 2015 [Draft]
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Land and Buildings Transaction Tax (Tax Rates and Tax Bands) (Scotland) Order 2015 [Draft]
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Scottish Landfill Tax (Standard Rate and Lower Rate) Order 2015 [Draft]
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.