Subordinate Legislation Committee

Meeting date: Tuesday, June 26, 2012

Official Report 270KB pdf

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Instruments subject to Negative Procedure

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Parole Board (Scotland) Amendment (No 2) Rules 2012 (SSI 2012/197)

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Trade in Animals and Related Products (Scotland) Amendment Order 2012 (SSI 2012/198)

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Wildlife and Countryside Act 1981 (Exceptions to section 14) (Scotland) Amendment Order 2012 (SSI 2012/205)

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Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Amendment Order 2012 (SSI 2012/206)

The Scottish Government made all four amending instruments in response to comments that the committee made in previous meetings about the original instruments—we considered the Parole Board (Scotland) Amendment Rules 2012 (SSI 2012/167) on 12 June and the original orders in relation to trade in animals and the Wildlife and Countryside Act 1981 on 19 June. In all cases, the Government has taken quick action to ensure that the amending instruments come into force on the same day as was provided for in the original instruments. That has meant breaching the 28-day rule.

Does the committee therefore agree to draw the four instruments to the attention of the Parliament on reporting ground (j), as there has been a failure to lay them at least 28 days before they come into force, as is required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?

Members indicated agreement.

Does the committee also agree that the Scottish Government’s explanations for that failure are acceptable, and does it welcome the prompt action that the Scottish Government took to make the amending instruments to correct defects that the committee identified in the original instruments, so that the amending instruments will come into force at the same time as those originals?

Members indicated agreement.