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Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016 [Draft]
The instrument is subject to the super-affirmative procedure. At this stage, the draft order has been laid only for consultation purposes. It is laid before the Parliament for 60 days. After that period and after ministers have had regard to any representations, the order will be laid in draft for approval by the Parliament.
The draft order does not expressly revoke the Social Work (Representations Procedure) (Scotland) Order 1990 (SI 1990/2519) to remove it from the statute book. The Scottish Government has undertaken to include the revocation in the draft order following the current consultation stage.
Does the committee agree to draw the draft order to the Parliament’s attention on the general reporting ground because, in accordance with proper drafting practice, it should have included the revocation of SI 1990/2519 to remove that order from the statute book, subject to the saving provision in article 7?
Members indicated agreement.
Public Services Reform (Insolvency) (Scotland) Order 2016 [Draft]
No significant points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Our legal briefing notes that, unusually, articles 8, 10 and 13 of the order are placed in square brackets to indicate that they are provisional. It appears that those provisions would become redundant or cease to have effect on the coming into force of certain provisions in schedule 9 to the Small Business, Enterprise and Employment Act 2015. It would instead have been possible to add footnotes to explain that those articles are provisional on the relevant provisions of the 2015 act coming into force.
Given that this is a draft order that has been formally laid before Parliament in accordance with section 26(2) of the Public Services Reform (Scotland) Act 2010, does the committee agree with the legal adviser’s suggestion that the use of bracketed provisions should be avoided in a draft instrument that is laid before Parliament?
Members indicated agreement.