Delegated Powers and Law Reform Committee

Meeting date: Tuesday, December 3, 2013

Official Report 264KB pdf

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Instrument not subject to Parliamentary Procedure

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Long Leases (Scotland) Act 2012 (Commencement No 1) Order 2013 (SSI 2013/322)

The order commenced paragraphs 3(2) to 3(4) of the schedule to the Long Leases (Scotland) Act 2012 on 28 November 2013. The provisions amend the Title Conditions (Scotland) Act 2003. However, the order did not bring into force paragraph 3(1), which provides that the 2003 act is to be amended in accordance with that paragraph, on the same date. Instead, the order commences paragraph 3(1) on 21 February 2014.

Although such drafting is not considered defective, the commencement of paragraph 3(1) on 28 November 2013 would have been appropriate in order to exclude any doubt as to whether the commencement of paragraphs 3(2) to 3(4) could be properly interpreted as amending the 2003 act with effect from that date.

The Scottish Government has committed to reviewing its drafting guidance in light of the repetition of this error, which previously occurred in relation to the Post-16 Education (Scotland) Act 2013 (Commencement No 1) Order 2013 (SSI 2013/281).

Does the committee agree to draw the order to the attention of the Parliament under the general reporting ground, as it failed to commence paragraph 3(1) of the schedule to the Long Leases (Scotland) Act 2012 on 28 November 2013?

Members indicated agreement.

Does the committee agree to welcome the Scottish Government’s commitment to review its drafting guidance in light of the repetition of that error?

Members indicated agreement.

I very much welcome the Government’s commitment to reviewing its guidance on drafting procedure, given that it is not the first time that the same mistake has happened. I would have thought that that would be the first thing that those who do the drafting would check, given that an instrument has been sent back to them before.

Thank you for those comments.