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This item is for the committee to consider the delegated powers provisions in the Abusive Behaviour and Sexual Harm (Scotland) Bill following stage 2.
Members have before them a briefing on delegated powers in the bill as revised at stage 2 and a letter from the Cabinet Secretary for Justice concerning relevant stage 3 amendments.
At stage 2, a new delegated power was added to section 19(8). Section 19 provides the court that is hearing the matter with powers to vary, renew or discharge a sexual harm prevention order. A hearing must be held in specific circumstances.
The power in subsection (8) enables rules of court to provide for the time limit within which the person against whom the order has effect, the chief constable or the prosecutor—as the case may be—may give notice to the sheriff of their wish for a hearing to take place. Any resulting rules of court would be laid before the Parliament but not subject to further procedure.
Subsections (7) and (8) of section 19, as currently drafted, contain an error. The power has been drafted to relate to the time period for giving notice to a sheriff of a wish for a hearing to be held before the sheriff determines the application. The first line of subsection (7) also refers to “a sheriff”. However, in accordance with subsections (1) and (3) of section 19, the court that hears an application for variation, renewal or discharge of a sexual harm prevention order is the “appropriate court”, which may be either the High Court of Justiciary or a sheriff court, depending on the proceedings.
The committee might wish to note that the Scottish Government has lodged amendments at stage 3 so that subsections (7) and (8) would refer to an application made to, and notice to, the “appropriate court”, instead of to a sheriff court only.
Does the committee agree that the power in section 19(8) is acceptable in principle, and are we content that the rules of court would be laid but not subject to further procedure?
Members indicated agreement.
Does the committee agree to note the error in subsections (7) and (8) and the Scottish Government’s stage 3 amendments that will rectify it?
Members indicated agreement.
Does the committee agree to report that it is content with the remaining new or substantially revised delegated powers after stage 2 of the bill?
Members indicated agreement.