Subordinate Legislation Committee

Meeting date: Tuesday, September 18, 2012

Official Report 316KB pdf

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Instruments not subject to Parliamentary Procedure

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Children’s Hearings (Scotland) Act 2011 (Commencement No 5) Order 2012 (SSI 2012/246)

The drafting of the order appears to be defective, in that the order omitted to commence paragraph 10(2)(a) of schedule 1 to the Children’s Hearings (Scotland) Act 2011. As a result of that omission, the national convener may delegate the preparation of annual reports to children’s hearings Scotland, contrary to the legislative intention.

Does the committee therefore agree to draw the order to the attention of the Parliament on reporting ground (i), as its drafting appears to be defective?

Members indicated agreement.

At the same time though, does the committee welcome the fact that the Scottish Government has since laid a further commencement order to rectify that, which the committee will consider at a later date?

Members indicated agreement.

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Act of Sederunt (Registration Appeal Court) 2012 (SSI 2012/245)

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Public Records (Scotland) Act 2011 (Commencement No 2) Order 2012 (SSI 2012/247)

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Criminal Cases (Punishment and Review) (Scotland) Act 2012 (Commencement, Transitional and Savings) Order 2012 (SSI 2012/249)

The committee agreed that no points arose on the instruments.