Delegated Powers and Law Reform Committee

Meeting date: Tuesday, April 22, 2014

Official Report 357KB pdf

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Instruments not subject to Parliamentary Procedure

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Act of Sederunt (Fitness for Judicial Office Tribunal Rules) 2014 (SSI 2014/99)

We come to agenda item 5. Our legal advisers have raised a number of points in relation to the instrument. First, it is defectively drafted in a number of respects. In rule 2, “presenting officer” is defined as the person appointed under rule 9(1), when the correct reference should be to rule 8(1). Again in rule 2, “investigating officer” is defined as the person appointed under rule 5(1), when the correct reference should be to rule 4(1). Rules 8(1) and 8(6) refer to the “presiding officer”, when the correct references should be to the “presenting officer”.

Does the committee therefore agree to draw the instrument to the Parliament’s attention under reporting ground (i), as the drafting is defective?

Members indicated agreement.

A further point has been raised by our legal advisers, which is that the meaning of rule 6(2)(a) could be clearer. Rule 6(2)(a)(ii) refers to

“the date on which the tribunal notifies the judicial office holder that it has determined an application under rule 5(1)”.

Under rule 5(4), when the tribunal refuses an application under rule 5(1), it must notify the judicial office-holder of that decision, but there is no provision for the tribunal to notify the judicial office-holder in circumstances in which it has granted an application under rule 5(1). Accordingly, for the purposes of rule 6(2)(a)(ii), it is not clear what the relevant date is in circumstances in which the tribunal has made a determination to grant an application under rule 5(1).

Does the committee therefore agree to draw the instrument to the Parliament’s attention under reporting ground (h), as the meaning of rule 6(2)(a) could be clearer?

Members indicated agreement.

The committee may, however, wish to note that the Lord President’s private office has laid a corrective instrument that rectifies the drafting errors and clarifies the meaning of rule 6(2)(a). The corrective instrument, which is also before the committee today, revokes the present instrument prior to its coming into force.

Does the committee agree to note that?

Members indicated agreement.

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Post-16 Education (Scotland) Act 2013 (Commencement No 4 and Transitory Provisions) Order 2014 (SSI 2014/79)

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Scottish Independence Referendum (Chief Counting Officer and Counting Officer Charges and Expenses) Order 2014 (SSI 2014/101)

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Act of Sederunt (Fitness for Judicial Office Tribunal Rules) (No 2) 2014 (SSI 2014/102)

The committee agreed that no points arose on the instruments.

The committee may wish to note that SSI 2014/102 corrects the errors in SSI 2014/99.

That brings us to agenda item 6, so I move the meeting into private.

11:30 Meeting continued in private until 12:00.