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Rules of the Scottish Land Court Order 2014 (SSI 2014/229)
The order contains minor drafting errors. First, the reference in rule 20(1) to the rights conferred by paragraphs (2) and (5) of that rule should be to the rights conferred by paragraphs (2) and (6). Secondly, the reference in rule 50(1) to
“the process in the case under rule 49”
should be to “the process in the application”, as that is the term that rule 49 defines. Thirdly, the reference in rule 97(3) to
“a written submission under paragraph (1)”
of that rule should be to “a written submission under paragraph (2)”. There has also been a failure to follow normal drafting practice, as various provisions—rules 7(1), 58(4), 96(8) and 106(4) in the schedule—are not drafted in gender-neutral terms. Given the matters that I have highlighted, does the committee agree to draw the order to the Parliament’s attention on the general reporting ground?
Members indicated agreement.
Separately, the committee may wish to note that it would have been useful had the order’s planned timing allowed a period of longer than two sitting days between the date when it was laid before the Parliament and the date when the provisions were brought into force, to afford the committee the opportunity to scrutinise the order before the commencement date. The committee may wish to note the explanation of the timetable that the Scottish Land Court gave and to note that the court regrets the inadvertent failure to allow time for scrutiny.
I see that members have no comments.
Public Bodies (Joint Working) (Scotland) Act 2014 (Commencement No 2) Order 2014 (SSI 2014/231)
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Act of Adjournal (Amendment of the Criminal Procedure (Scotland) Act 1995 and Criminal Procedure Rules 1996) (Miscellaneous) 2014 (SSI 2014/242)
No points have been raised by our legal advisers on the instrument. Is the committee content with it?
Members indicated agreement.
Before we move on from consideration of instruments, the committee may wish to note that a total of 39 minor points have been identified in the instruments under consideration today. Although those errors are minor, the committee may nevertheless consider such a high number of mistakes to be unsatisfactory. We shall merely note that and move on at this point.