Subordinate Legislation Committee,
Meeting date: Tuesday, May 30, 2006
Official Report
143KB pdf
Executive Response
Management of Offenders etc (Scotland) Act 2005 (Supplementary Provisions) Order 2006 (draft)
We had two issues with regard to the vires of the draft order. The first point was to do with incidental and supplementary provisions. The provisions of articles 2, 3 and 4 can properly be termed as supplementary provisions, and are therefore within the vires of section 22(1) of the Management of Offenders etc (Scotland) Act 2005. There was some concern about that. I refer members to paragraphs 35 and 36 of the legal brief.
In relation to the second point, which was on the vires of articles 6 and 7, the Executive agrees with us that there is an alternative means of achieving the same policy objective.
We could simply note the Executive's response and consider the new draft order that has been laid, which would take us to agenda item 3. I suggest that we should do so and consider how the Executive has dealt with the new order because there are still a number of issues to look at, as members will see from the legal brief. Are members content that we note the Executive's response under this agenda item and consider the new order under the next agenda item?
Members indicated agreement.