Subordinate Legislation Committee

Meeting date: Tuesday, February 21, 2012

Official Report 263KB pdf

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Instruments not subject to Parliamentary Procedure

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Public Records (Scotland) Act 2011 (Commencement No 1) Order 2012 (SSI 2012/21)

The commencement order brings into force certain provisions of part 1 of the Public Records (Scotland) Act 2011. In its response to the committee, the Scottish Government has agreed that there is a drafting error in the order, which does not make provision for the commencement of the schedule, even though that is intended. The Scottish Government undertook to lay an amending order to correct this order in advance of the commencement date of 24 February. SSI 2012/42, which the committee will consider shortly, is the amending order that makes that correction.

As the drafting of the order appears to be defective, does the committee agree to draw the order to the Parliament’s attention on reporting ground (i)?

Members indicated agreement.

In doing so, does the committee welcome the making of the amending order, SSI 2012/42, which has been brought forward to remedy the error?

I very much welcome the swift correction and wonder whether it will set a precedent.

Such a swift response is very welcome. Once again, it reiterates the desirability of having time to sort things out and the fact that if things come too late they might not get sorted.

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Patient Rights (Scotland) Act 2011 (Commencement) Order 2012 (SSI 2012/35)

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Public Records (Scotland) Act 2011 (Commencement No 1) Amendment Order 2012 (SSI 2012/42)

The committee agreed that no points arose on the instruments.

That brings us to agenda item 4. We will now move into private session.

14:40 Meeting continued in private until 14:50.