Subordinate Legislation Committee

Meeting date: Tuesday, June 21, 2011

Official Report 331KB pdf

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Instruments subject to Negative Procedure

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Knife Dealer’s Licence (Historical Re-enactment Events) (Scotland) Order 2011 (SSI 2011/263)

As members will note from the legal brief, it has been drawn to the committee’s attention that there has been a failure to follow proper drafting practice, in that article 2(2) of the order duplicates a more general provision in article 2(3), contrary to the presumption that legislation is not made where it is unnecessary and has no effect.

Given that failure to follow proper drafting practice, do members agree to draw the order to the attention of the Parliament on the general reporting ground and, in so doing, to observe that it would be desirable for the Scottish ministers to remedy the failure by revoking article 2(2) at the first available opportunity?

Members indicated agreement.

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Local Governance (Scotland) Act 2004 (Remuneration) Amendment Regulations 2011 (SSI 2011/264)

As members will note from the legal brief, our legal advisers consider that the reference in the preamble to the regulations to the exercise of powers under section 18(4) of the Local Government and Housing Act 1989 is not appropriate. However, members should also note that the legal advisers consider that that does not affect the operation of the regulations as, further to discussion with the Scottish Government, it is accepted that they are made by virtue of the powers in sections 11 and 16(2) of the Local Governance (Scotland) Act 2004.

With that in mind, do members agree to draw the regulations to the Parliament’s attention on the general reporting ground, while recognising that the reference to the exercise of powers under section 18(4) of the 1989 act has not affected the operation of the regulations?

Members indicated agreement.