Subordinate Legislation Committee

Meeting date: Tuesday, September 27, 2011

Official Report 267KB pdf

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Instruments not subject to Parliamentary Procedure

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Pigs (Records, Identification and Movement) (Scotland) Order 2011 (SSI 2011/327)

The legal brief notes that whether article 3(2) of the order is intra vires in so far as it relates to notices is in doubt. The article provides that notices may be issued otherwise than in writing in some circumstances, whereas section 83(1) of the Animal Health Act 1981 requires all notices under any order that is made under that act to be in writing.

The Scottish Government accepts that article 3(2) of the order is ultra vires in so far as it relates to notices and has undertaken to make an amending instrument as quickly as possible. Given the doubt about whether article 3(2) is intra vires, does the committee agree to draw the order to the Parliament’s attention on reporting ground (e)?

Members indicated agreement.

Given the seriousness of that reporting ground and the Scottish Government’s commitment to make an amending instrument as quickly as possible, does the committee agree that its legal advisers should seek an update from the Scottish Government in a fortnight’s time on the timetable for the amendment, so that the committee may monitor the implementation of the commitment?

Members indicated agreement.

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West Lothian (Electoral Arrangements) Councillor Numbers Order 2011 (SSI 2011/332)

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Local Democracy, Economic Development and Construction Act 2009 (Commencement No 3) (Scotland) Order 2011 (SSI 2011/337)

The legal advisers have raised no points on the orders.

The committee may wish to welcome the prompt laying of Scottish statutory instrument 2011/337, as it remedies the omission of part 5 of schedule 7 to the Local Democracy, Economic Development and Construction Act 2009 from the two previous commencement orders in relation to that act, which the committee considered on 6 September. Does the committee agree to welcome the prompt laying of that order?

Members indicated agreement.

That completes our business. Our next meeting will be on Tuesday 4 October.

Meeting closed at 14:43.