Subordinate Legislation Committee, 19 Dec 2006
Meeting date: Tuesday, December 19, 2006
Official Report
109KB pdf
Legislative Consent Memorandum
Tribunals, Courts and Enforcement Bill
I welcome members to the 36th meeting in 2006 of the Subordinate Legislation Committee. As I have no apologies, I expect that Adam Ingram will come along shortly.
Under rule 9B.3.6 of standing orders, this committee considers powers to make subordinate legislation that are conferred on Scottish ministers by United Kingdom bills. Today we have the Tribunals, Courts and Enforcement Bill before us.
There is just one delegated power that we must consider. Section 42, as read with paragraph 26(2) in part 4 of schedule 7 to the bill, enables Scottish ministers to list by order the names of tribunals that will be supervised by the new administrative justice and tribunals council, which is to be established by the bill and which will replace the Council on Tribunals. The order-making power will be subject to the negative procedure. It appears that there are no legal problems with the power, or with the negative procedure that has been chosen. Are members content with the power?
Yes.
We are not obliged to consider the power under standing orders. I am sorry, it is Christmas spirit; we are obliged to consider the power. I meant to say that we do not have to report it formally to the lead committee. I suggest that the clerk to this committee alerts the clerk to the lead committee that we have no legal concerns about the power. Is that okay?
Members indicated agreement.