Subordinate Legislation Committee
Meeting date: Tuesday, January 24, 2012
Official Report
322KB pdf
Criminal Cases (Punishment and Review) (Scotland) Bill: Stage 1
The purpose of this item is for the committee to consider the delegated powers in the bill. The committee is invited to agree what questions it wishes to raise with the Scottish Government. It is suggested that the questions are raised in written correspondence. On the basis of the responses received, the committee will consider a draft report at its meeting on 7 February.
For section 2, “Ancillary provision”, do we agree to ask the Scottish Government to confirm whether it is intended that regulations under section 2 may modify any primary legislation, or whether it is intended that they may modify only part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 and part 2 of the Custodial Sentences and Weapons (Scotland) Act 2007, and whether that is clear from section 2(2) as it is presently drafted?
Members indicated agreement.
I think that it is clear to our legal advisers that, as currently drafted, the intention seems to be very wide, which may be inappropriate and unintended.
Do we agree to ask the Scottish Government what sort of provision it envisages may be required in section 5, on commencement and ancillary provision on commencement, and whether that could be complex or cause practical problems in implementation? Here, of course, we are back with the usual discussion, which has been common over the past few weeks, about whether commencement orders prove to be complicated.
Do we agree to draw that to the Government’s attention?
Members indicated agreement.