Official Report 88KB pdf
Act of Sederunt (Fees of Messengers-at-Arms) (Diligence) 2009 (SSI 2009/383)
Under agenda item 3 we have something important to think about. Are we content to report to the Parliament that, in consequence of the reliance on section 5 of the Court of Session Act 1988 as the enabling power, and given that that section does not provide express authority to impose a charge for the execution of diligence, there appears to be a doubt that the instrument is intra vires? Members will see the problem. The suggestion is that, because there is no lead committee, I should write to the Lord President expressing our concern. That would mean that, first, our concern will be placed on the record by our friends at the official report and, secondly, we will be able to consider the Lord President's response.
That is a good way forward.
I support that action.
Thanks for that. The clerks will see that that letter goes off.
Act of Sederunt (Money Attachment Rules) 2009 (SSI 2009/382)<br />Specified Animal Pathogens (Scotland) Amendment Order 2009 (SSI 2009/394)
Act of Sederunt (Amendment of the Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009) 2009 (SSI 2009/402)
The committee agreed that no points arose on the instruments.
As we agreed under agenda item 1, we now move into private. I thank the official report.
Meeting continued in private until 14:38.
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Instruments subject to Annulment