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Act of Adjournal (Criminal Procedure Rules Amendment No 2) (European Protection Orders) 2015 (SSI 2015/121)
Paragraph (b) of form 61.6–B in the schedule to the instrument appears to be defectively drafted. Paragraph (b) specifies the incorrect maximum penalties on summary conviction that are applicable for an offence under section 234A(4) of the Criminal Procedure (Scotland) Act 1995 as modified by section 254D(2).
Paragraph (b) should have specified the maximum penalties as 12 months’ imprisonment or a fine not exceeding the statutory maximum or both, instead of three months’ imprisonment or a fine not exceeding level 5 on the standard scale or both.
Does the committee therefore agree to draw the instrument to the attention of the Parliament under reporting ground (i), as it appears to be defectively drafted?
Members indicated agreement.
A further point has been raised on the instrument by our legal advisers. There is a minor drafting error in the new rule 61.9(1) of the Criminal Procedure Rules 1996, as inserted by paragraph 2(2) of the instrument. Rule 61.9(1) provides that the rule applies when the court has to send information to the competent authority of an issuing state under, among other provisions, rule 61.3(4), but that should refer to rule 61.3(3).
Does the committee therefore agree to draw the instrument to the attention of the Parliament under the general reporting ground, as it contains a minor drafting error?
Members indicated agreement.
The committee may wish to note that the Lord President’s private office has confirmed that the errors will be corrected by laying an amending instrument before Parliament at the earliest possible opportunity. Given that the instrument came into force on 1 April, the committee may consider that the amendment should be laid quickly.
Act of Sederunt (Rules of the Court of Session and Sheriff Court Bankruptcy Rules Amendment) (Bankruptcy and Debt Advice (Scotland) Act 2014) 2015 (SSI 2015/119)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
The committee may wish to note that, in response to questions raised by our legal advisers on the instrument, the Lord President’s private office has explained that it intends to review its approach to citing and referring to rules of court in acts of sederunt and acts of adjournal, with a view to adopting a standardised approach. The Lord President’s private office hopes to be able to communicate its revised approach to citation and references to the committee in the near future.
Housing (Scotland) Act 2014 (Commencement No 2) Order 2015 (SSI 2015/122)
No points have been raised by our legal advisers on the order. The committee may wish to note, however, that the Scottish Government intended within the order to commence section 89 of the Housing (Scotland) Act 2014. The order commenced sections 85—in so far as its provisions were not already in force—87, 88 and 90 to 92 of the 2014 act on 1 April 2015. Those sections make a number of amendments to existing legislation and effect largely administrative changes in the area of private housing conditions.
The omitted section 89 relates to maintenance plans under the Housing (Scotland) Act 2006 and operates to change the way in which such maintenance plans must be registered. The fact that section 89 is not commenced by the order does not affect the operation of the provisions that are commenced by the order.
The Scottish Government has confirmed that section 89 will be included in the next commencement order to be made under the Housing (Scotland) Act 2014. Until then, the current arrangements for the registration of maintenance plans will remain in place.
In noting that, does the committee agree to report that it is otherwise content with the order?
Members indicated agreement.