Subordinate Legislation Committee
Meeting date: Tuesday, November 27, 2012
Official Report
297KB pdf
High Hedges (Scotland) Bill: Stage 1
Agenda item 4 is consideration of the delegated powers in the High Hedges (Scotland) Bill.
In considering the bill, the committee is invited to agree the questions that it wishes to raise with Mark McDonald MSP, who introduced the bill on 2 October 2012. It is suggested that the questions be raised in written correspondence. On the basis of the responses that are received, the committee can expect to consider a draft report at its meeting on 11 December 2012.
Section 34(1) enables the Scottish ministers to make regulations that modify the meaning of “high hedge”, as set out in section 1. As the bill will apply only to hedges that are high hedges within the meaning of section 1, the power enables the Scottish ministers to vary the applicability of the bill by making subordinate legislation.
Does the committee agree to ask the member to explain why it is considered necessary to take a power to modify section 1 as a whole? That appears to include the possibility of removing entirely the conditions in paragraphs (a) to (c) of section 1(1), when a power simply to modify those conditions would appear to be sufficient to achieve the changes that are envisaged in the delegated powers memorandum. Does the committee also agree to ask the member to explain whether the power could be used to modify the definition of “high hedge” so that it extends to include individual trees or shrubs, and, if so, why that is considered to be appropriate in a bill relating to hedges?
Members indicated agreement.
Section 37(2) allows the Scottish ministers to appoint a day for the coming into force of certain provisions of the act. By virtue of section 37(3), such an order may contain transitional, transitory or savings provisions. Does the committee agree to ask the member to explain whether—taking the example in paragraph 25 of the delegated powers memorandum—it is considered that the power in section 37(3) permits the modification of primary legislation and, if so, the basis for that view, or, if not, how it is proposed to deliver the amendment to the Land Registration (Scotland) Act 1979 that is referred to in that paragraph of the delegated powers memorandum?
Members indicated agreement.
Does the committee agree to raise all those questions in writing, at least in the first instance?
Members indicated agreement.
That brings us to the end of the meeting. Our next meeting will be next Tuesday, which is 4 December.
Meeting closed at 11:07.