Subordinate Legislation Committee, 23 Sep 2008
Meeting date: Tuesday, September 23, 2008
Official Report
112KB pdf
Judiciary and Courts (Scotland) Bill
I welcome everyone to the 26th meeting of the committee in 2008. We have received no apologies. Let us all ensure that our mobile phones and BlackBerrys are turned off—mine is.
It has been confirmed that David McLaren, who was our senior assistant clerk, has left the committee and has gone to the Local Government and Communities Committee. Perhaps we could record our joint thanks to him for all his support, help and hard work.
Agenda item 1 is consideration of the Judiciary and Courts (Scotland) Bill prior to stage 3. We reported on the bill as amended at stage 2 on 12 September. We would not normally consider a bill again after that but, on this occasion, the Scottish Government courts directorate has written to us explaining that the Government proposes to lodge amendments at stage 3 relating to delegated powers. The amendments appear to be a tidying up of the delegated powers following the passage of amendments at stage 2.
Section 38 of the bill inserts new section 12E into the Sheriff Courts (Scotland) Act 1971, giving a power to
"remove a person from the office of sheriff principal, sheriff or part-time sheriff."
Following consideration of the bill at stage 2, our legal advisers raised an issue informally with the Scottish Government, which has resulted in the Government lodging an amendment to make it clear that article 10(2) of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (SI 1999/1096) is modified so that the reference to the period of "21 days" in relation to the delegated power is to be read as a reference to 40 days; and that article 10(3) of the same order is disapplied. Are we content with the proposal to remove that ambiguity?
Members indicated agreement.
Section 39 is on the "Meaning of ‘judicial office holder'". An issue arises as a consequence of the interaction between sections 2 and 39 of the bill, but it does not appear to affect the substance of the delegated power or the procedure that applies. Are we content with the proposal?
Members indicated agreement.
We turn now to section 47, "Alteration of boundaries of sheriffdoms"; section 48, "Sheriff court districts and places where sheriff courts are to be held"; and section 54, which is on the "Establishment, constitution etc" of justice of the peace courts. New proposals have been made, returning to the former position that orders under those sections are to be made by the Scottish ministers, rather than being transferred to the Lord President. The Scottish Court Service should be given a formal duty to consult such persons as it considers appropriate as part of the process, and amendments have been lodged to that effect. Are we content with those proposals?
Members indicated agreement.
Given that we are content with the Government's proposals, are we content to note the correspondence?
Members indicated agreement.