Subordinate Legislation Committee

Meeting date: Tuesday, June 21, 2011

Official Report 331KB pdf

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Instrument not laid before the Parliament

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Act of Adjournal (Criminal Procedure Rules Amendment No 4) (Disclosure) 2011 (SSI 2011/242)

As members will note from the legal brief, our legal advisers have highlighted the following drafting errors in the act of adjournal.

First, certain forms indicate that applications for orders can be made to courts that do not have jurisdiction in relation to such proceedings.

Secondly, the rules and the corresponding forms do not enable certain applications to be made, provision for which is made in part 6 of the Criminal Justice and Licensing (Scotland) Act 2010.

Thirdly, a form does not correctly reflect the nature of an application to the court.

Given those drafting errors, do members agree to draw the act of adjournal to the attention of the Parliament under the general reporting ground? Can we also agree to welcome the commitment by the Lord President’s private office to address the errors when the next available opportunity arises?

Members indicated agreement.

14:34 Meeting continued in private until 14:44.