Official Report 283KB pdf
Education (School Lunches) (Scotland) Regulations 2015 [Draft]
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Registers of Scotland (Voluntary Registration, Amendment of Fees, etc) Order 2015 [Draft]
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Water Environment and Water Services (Scotland) Act 2003 (Modification of Part 1) Regulations 2015 [Draft]
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Historic Environment Scotland Act 2014 (Ancillary Provision) Order 2015 [Draft]
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Scottish Public Services Ombudsman Act 2002 Amendment Order 2015 [Draft]
No points have been raised by our legal advisers on the instrument. However, members may wish to note that it is to be made before the 40 days for parliamentary scrutiny has elapsed, taking into account the summer recess, which begins on 27 June.
The order in council adds a newly created body—ILF Scotland—to schedule 2 to the Scottish Public Services Ombudsman Act 2002. It gives the Scottish Public Services Ombudsman the power to investigate complaints made against ILF Scotland. ILF Scotland will be operational from 1 July 2015, and it is intended that its complaints procedures will be fully operational as soon as possible thereafter.
The letter from the Scottish Government accompanying the order explains that, in order to ensure that the complaints procedures are fully operational as soon as possible after ILF Scotland begins service delivery, the Government’s intention is for the order to be laid before Her Majesty in council on 15 July 2015. Provided that Her Majesty sees fit to make the order, it will come into force the following day.
The letter further explains that, at present, the dates for future Privy Council meetings are unclear and it is therefore desirable that, if possible, the order is laid before Her Majesty on 15 July.
Do members have any comments?
On the substance of the order and on the timetable, I recognise the issues and I have nothing really to say. I will just say something, as I have on one or two occasions in the past, about the construction of the order.
The substance of the order is simply to insert paragraph 25ZB, which contains two words “ILF Scotland” and a footnote. For the good drafting of law, I would much prefer it if, when a list is amended, the entire list is incorporated in the order. The fact that the reference is to paragraph 25ZB gives a hint to the changes that have already taken place and the complexities that there might be for people to determine what is on the amended list, which is in a variety of orders and the original legislation.
Thank you. The point is well made, and not for the first time.
Is the committee otherwise content with the instrument?
Members indicated agreement.