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Public Bodies (Joint Working) (Integration Joint Monitoring Committees) (Scotland) Order 2014 (SSI 2014/281)
There is a lack of consistency in the terms of articles 3(5) and 4(6), notwithstanding that the two provisions are intended to have the same effect.
Further to that, article 4(7) has been drafted in a way that does not accurately give effect to the policy intention by going beyond what is required to achieve that intention. Although the drafting might not impede delivery of the intended policy intention, as it ensures that staff of the body to which integration functions are delegated are represented on an integration joint monitoring committee, it makes provision that goes beyond what is required to achieve that intention by providing that additional staff also may be represented.
In light of those issues, does the committee agree to draw the instrument to the attention of the Parliament on the general reporting ground?
Members indicated agreement.
Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Order 2014 (SSI 2014/285)
A few points have been raised by our legal advisers in relation to the instrument.
Articles 3(1)(d) and 5(2)(d) provide that, when an integration joint board is established, it must include the chief officer of the integration joint board. However, section 10 of the Public Bodies (Joint Working) (Scotland) Act 2014 provides that the chief officer is to be appointed by the integration joint board once the board is established. Accordingly, it does not appear to be possible for the chief officer to be a member of the integration joint board as established, as that officer is not appointed until after the board is established.
Does the committee therefore agree to draw the instrument to the Parliament’s attention under reporting ground (i), as articles 3(1)(d) and 5(2)(d) appear to be defectively drafted?
Members indicated agreement.
Article 3(3) makes provision for establishing
“The number of persons to be appointed under paragraph 1(a) and (b)”.
The Scottish Government intends that to mean the number of persons appointed under each of paragraphs 1(a) and 1(b). However, the committee may consider that the manner in which article 3(3) is worded does not accurately reflect that intention. The drafting as it stands could readily support the interpretation that the intention is for article 3(3) to refer to the total number of persons appointed under paragraphs 1(a) and (b) together. The committee may consider that article 3(3) could have been drafted in such a manner as to put the matter beyond doubt.
Does the committee therefore agree to draw the instrument to the Parliament’s attention under reporting ground (h), as the meaning of article 3(3) could be clearer?
Members indicated agreement.
There is a lack of consistency between the wording of articles 3(6) and 5(6), notwithstanding the fact that the provisions are intended to have the same effect.
Does the committee therefore agree to draw the instrument to the Parliament’s attention under the general reporting ground?
Members indicated agreement.
It is worth putting on record the point that, albeit that such matters do not seem to have huge importance in themselves, clear drafting is not just a matter of elegance for its own sake but a matter of efficiency. When instruments are less clear than they ought to be or possibly even ambiguous, it consumes the resource of lawyers—perhaps multiple lawyers—pondering their meaning when, if the meaning was clear, they could get on more quickly and efficiently. It is not a mere matter of semantics.
The point is well made and I am sure that we all agree.
Teachers’ Pension Scheme (Scotland) (No 2) Regulations 2014 (SSI 2014/292)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
South Arran Marine Conservation (Amendment) Order 2014 (SSI 2014/291)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Discretionary Housing Payments (Limit on Total Expenditure) Revocation (Scotland) Order 2014 (SSI 2014/298)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.