Official Report 122KB pdf
We commented at length on this instrument at the previous meeting. We raised three points with the Executive about this instrument, and the Executive has acknowledged that the first two points have highlighted problems, in particular the fact that the legislation contains a fairly fundamental drafting error. However, our legal advisers do not accept the Executive's statement that it has resolved the third point that we raised.
Our legal advisers identified the problem that this instrument is an example of legislation by reference. It amends a previous enactment only at the date when the instrument is made. The difficulty is that, if the enactment is subsequently amended following the date of the instrument, the amended enactment will not be affected by the instrument. I think that I understand that myself, convener, so I hope that I have described it in a reasonably coherent way.
We should draw that point to the attention of the lead committee and find out what the Executive proposes to do between now and then so that it does not face embarrassment at another committee.