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Chamber and committees

Delegated Powers and Law Reform Committee

Meeting date: Tuesday, June 23, 2015


Contents


Instruments not subject to Parliamentary Procedure


Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No 2) (Personal Injury and Remits) 2015 (SSI 2015/227)

The Convener

This instrument contains a minor drafting error. Paragraph 8(5) inserts a new chapter 15A of the Rules of the Court of Session 1994 on motions intimated and lodged by email. Rule 15A has two paragraphs numbered (2). The Lord President’s private office has undertaken to lay an amending instrument to correct the error.

Does the committee agree to draw this instrument to the attention of the Parliament on the general reporting ground, as it contains a minor drafting error?

Members indicated agreement.


Act of Sederunt (Rules of the Court of Session 1994 Amendment) (No 3) (Courts Reform (Scotland) Act 2014) 2015 (SSI 2015/228)

The Convener

This instrument contains two minor drafting errors. First, there is an error in the new rule 58.15 of the Rules of the Court of Session 1994, which is inserted by paragraph 3(3) of the instrument. The paragraph numbering within the rule is (1), (4) and (5). Secondly, in the form of petition for judicial review in schedule 1, the heading with the new numbering of the form—58.3—is omitted. The new rule 58.3(3) refers to a petition for judicial review to be made in form 58.3, but the form in schedule 1 is not so numbered.

The Lord President’s private office has undertaken to lay an amending instrument to correct the errors, and an error identified in the aforementioned Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No 2) (Personal Injury and Remits) 2015 (SSI 2015/227). The amendment is intended to come into force by 22 September 2015 as this is the commencement date of the instrument.

Does the committee agree to draw this instrument to the attention of the Parliament as it contains a couple of minor drafting errors?

Members indicated agreement.


Act of Sederunt (Rules of the Court of Session 1994 and Fees of Solicitors in the Sheriff Court Amendment) (Courts Reform (Scotland) Act 2014) 2015 (SSI 2015/246)

No points have been raised by our legal advisers on the instrument. Is the committee content with it?

Members indicated agreement.


Courts Reform (Scotland) Act 2014 (Commencement No 3, Transitional and Saving Provisions) Order 2015 (SSI 2015/247)

No points have been raised by our legal advisers on the instrument. Is the committee content with it?

Members indicated agreement.