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Chamber and committees

Delegated Powers and Law Reform Committee

Meeting date: Tuesday, October 29, 2013


Contents


Instrument not subject to Parliamentary Procedure


Post-16 Education (Scotland) Act 2013 (Commencement No 1) Order 2013 (SSI 2013/281)

The Convener

The order commences provisions within paragraphs 2(7), 8(5) and 8(22) of the schedule to the Post-16 Education (Scotland) Act 2013 that amend and repeal provisions in the Further and Higher Education (Scotland) Act 1992 and the Further and Higher Education (Scotland) Act 2005 respectively. However, the order fails to commence paragraphs 2(1) and 8(1), which provide for the amendment of the 1992 and 2005 acts by subsequent subparagraphs. Although such drafting is not considered defective, the commencement of paragraphs 2(1) and 8(1) would have been appropriate to exclude any doubt as to whether the commencement of the specific provisions within paragraphs 2 and 8 could be properly interpreted as referring to the 1992 and 2005 acts. Does the committee therefore agree to draw the order to the Parliament’s attention under the general reporting ground as it fails to commence certain provisions of the Post-16 Education (Scotland) Act 2013?

Members indicated agreement.