Justice Committee

Meeting date: Tuesday, September 20, 2011

Official Report 484KB pdf

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Subordinate Legislation

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International Criminal Court (Libya) Order 2011 (SI 2011/1696)

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Damages (Scotland) Act 2011 (Commencement, Transitional Provisions and Savings) Order 2011 (SSI 2011/268)

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Act of Sederunt (Rules of the Court of Session Amendment No 4) (Miscellaneous) 2011 (SSI 2011/288)

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Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No 2) 2011 (SSI 2011/289)

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Act of Adjournal (Criminal Procedure Rules Amendment No 5) (Miscellaneous) 2011 (SSI 2011/290)

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Act of Sederunt (Rules of the Court of Session Amendment No 5) (Causes in the Inner House) 2011 (SSI 2011/303)

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Act of Sederunt (Regulation of Advocates) 2011 (SSI 2011/312)

Item 3 is subordinate legislation. There are seven items of subordinate legislation for the committee to consider. It is explained in paper 4 that the instruments are not subject to parliamentary procedure.

Can I declare an interest?

Is it with regard to all the instruments?

It is with regard to the one that deals with the regulation of advocates.

Your declaration of interest in that regard is noted.

An unintended consequence of recent standing order rule changes is that, until the Parliament agrees its next round of rule changes, committees are required to consider these instruments. Committees are now also required to consider any non-compliance with the laying requirements set out in section 30(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Of the seven instruments that we are considering, the Subordinate Legislation Committee has drawn our attention to one instrument—the International Criminal Court (Libya) Order 2011—as breaching the laying requirements. The Subordinate Legislation Committee is content with the reasons given for the breach. If members have no comments are they content simply to note this breach and the reasons for it in the minute?

Members indicated agreement.

If members have no comments on the other six instruments, are they content to note the instruments?

Members indicated agreement.

The committee’s next meeting is on Tuesday 27 September, when we will consider themes for our draft report on the bill and our approach to budget scrutiny, which we have agreed to do in private.

Meeting closed at 12:30.