Delegated Powers and Law Reform Committee

Meeting date: Tuesday, September 24, 2013

Official Report 272KB pdf

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Instruments not subject to Parliamentary Procedure

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Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (Commencement No 2) Order 2013 (SSI 2013/262)

SSI 2013/262 appears to be defective in that it brings section 20 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 into force when that was not the policy intention. Were it brought into force at this point, section 20 would not operate correctly, as other provisions require to be brought into force to accompany it and those provisions are not commenced by the order.

The committee may wish to note that the Scottish Government has laid SSI 2013/271, to which we will come next, which will correct the defect in SSI 2013/262 before it comes into force. Nevertheless, does the committee agree to report SSI 2013/262 to the Parliament under reporting ground (i), as the drafting appears to be defective?

Members indicated agreement.

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Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (Commencement No 2) Amendment Order 2013 (SSI 2013/271)

The committee agreed that no points arose on the instrument.

The committee may wish to note that the order corrects the defect in SSI 2013/262.