Scottish Police Authority (Provision of Goods and Services) Order 2013 (SSI 2013/73)
The form or meaning of the order could be clearer. Column 2 in schedule 1 purports to specify types of person to whom the specified services in column 1 may be supplied. However, the types of person are so widely specified that it is possible to read the provisions as being outwith competence and, to bring the order within devolved competence, the provisions have to be read as narrowly as is required for them to be within competence. The consequence is that the types of person specified in schedule 1 are very much narrower than would appear to be the case on the face of the instrument and, accordingly, its meaning could have been more clearly expressed, particularly as it is the Scottish ministers’ stated intention that the order relate only to the provision of goods and services in or “as regards Scotland”.
Obviously it is necessary to draw the order to the Parliament’s attention in the terms proposed, and I support that. However, we need a section 104 order from the Westminster Government or otherwise that allows the Scottish Police Authority to provide services for the purposes of justice to other authorities that are not within Scotland’s scope. I am thinking specifically of incidents that might occur on the border between Scotland and England—or, if it came to the push, the border between Scotland and Northern Ireland—where we would not wish to see the SPA unable to provide goods or services to another police force or part of the justice system in pursuance of our shared justice objectives in the various jurisdictions.
Late Payment of Commercial Debts (Scotland) Regulations 2013 (SSI 2013/77)
Under directive 2011/7/EU, certain remedies are required to be available in respect of late payment of debts under commercial contracts. Although they are available as a matter of European Union law from 13 March 2013, the Scottish ministers in implementing this measure for Scotland have not applied those remedies available under the directive to contracts concluded between 13 March and 28 March 2013 as the directive requires. As a result, the regulations do not appear to be compatible with EU law. It would appear that the decision not to apply the directive to such contracts was made because the Scottish ministers have not implemented the directive on time.
In doing so, I think it appropriate that we note that the Scottish ministers seem to have had difficulties in responding to an appropriate timetable because of late delivery of the UK legislation to which the regulations relate, despite the shared desire that both pieces of legislation be implemented simultaneously. Although it is appropriate that we report to Parliament on the proposed basis, that report should also refer to the circumstances that I have referred to.
Indeed.
Teachers’ Superannuation (Scotland) Amendment Regulations 2013 (SSI 2013/71)
Non-Domestic Rates (Enterprise Areas) (Scotland) Amendment Regulations 2013 (SSI 2013/78)
Tenant Information Packs (Assured Tenancies) (Scotland) Amendment Order 2013 (SSI 2013/90)
Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2013 (SSI 2013/92)