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Chamber and committees

Subordinate Legislation Committee, 24 Feb 2004

Meeting date: Tuesday, February 24, 2004


Contents


Instruments Not Laid Before the Parliament


Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2004 (SSI 2004/52)

The Convener:

The act of sederunt makes miscellaneous amendments to the rules of the Court of Session. No points of substance have been identified, but there are a number of typos that we might wish to refer informally to the court. We have six points to raise, which are detailed in our legal brief. Is it agreed that we pass them on informally?

Members indicated agreement.


Private Hire Vehicles (Carriage of Guide Dogs etc) Act 2002 (Commencement No 1) (Scotland) Order 2004 (SSI 2004/57)

The Convener:

There is an issue with regard to numbering. It is suggested that we ask the Executive why it has chosen not to follow paragraph 3.24(b)(ii) of the guidance on the drafting of statutory instruments and why it has entitled the instrument "(Commencement No 1)", given the fact that the parent act is a Westminster statute, and the first commencement order has already been made for England and Wales.

Christine May:

The word "Scotland" has been put into the title of the instrument, so a number need not have been included at all.

Sorry—I now understand that that was necessary. I had understood from what I had read that the Executive did not need to do that in the circumstances, but there we are.

The legal advisers think that the Executive needed to include that.

That is fair enough.

No further points arise.


Primary Medical Services (Scotland) Act 2004 (Commencement) Order 2004 (SSI 2004/58)

The Convener:

No points of substance have been drawn to our attention by the legal advisers. However, we may wish to note a point about drafting in relation to the anticipatory exercise of powers. We might be able to discuss that with the Executive at our next informal meeting. Is that agreed?

Members indicated agreement.

I put on record the fact that we received apologies from Gordon Jackson, who was trapped in a train—I think that that was the explanation.

I hope that it was not painful.

We hope to see him next week. I thank the committee.

Meeting closed at 11:05.