Subordinate Legislation Committee

Meeting date: Tuesday, January 22, 2013

Official Report 278KB pdf

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Instruments subject to Negative Procedure

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Non-Domestic Rates (Levying) (Scotland) (No 3) Regulations 2012 (SSI 2012/353)

The drafting of paragraph (2) of regulation 6 appears to be defective. It states:

“Nothing in paragraph (2) shall affect the continuing operation of the Non-Domestic Rates (Levying) (Scotland) Regulations 2012 as regards any day prior to 1st April 2013.”

It requires to refer to paragraph (1) for the savings provision properly to have effect. Does the committee agree to draw the regulations to the attention of the Parliament on reporting ground (i), as the drafting is clearly defective?

Members indicated agreement.

Does the committee agree to note that the Scottish Government has undertaken to lay amending regulations, which are to come into force on 31 March 2013, to correct the error prior to the regulations coming into force?

Members indicated agreement.

I welcome the Government’s intention to amend the regulations timeously.

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Scottish Administration (Offices) Order 2012 (SI 2012/3073)

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General Pharmaceutical Council (Amendment of Miscellaneous Provisions) Rules Order of Council 2012 (SI 2012/3171)

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Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2012 (SSI 2012/354)

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Sports Grounds and Sporting Events (Designation) (Scotland) Amendment Order 2013 (SSI 2013/4)

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Plant Health (Scotland) Amendment Order 2013 (SSI 2013/5)

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Restriction of Liberty Order etc (Scotland) Regulations 2013 (SSI 2013/6)

The committee agreed that no points arose on the instruments.