Official Report 455KB pdf
10:01
Under agenda item 3, we are considering five instruments. An issue has been raised on the following instrument.
Act of Sederunt (Fees of Messengers-at-Arms and Sheriff Officers) 2026 (SSI 2026/208)
This instrument concerns the fees that can be charged by sheriff officers and messengers-at-arms. In relation to this instrument, the committee asked the Lord President’s private office a number of questions, and the correspondence, which has been published alongside the papers for this meeting, sets out the committee’s questions and the Lord President’s private office’s responses in full. The committee’s detailed findings will be included in its report, which will be published in due course and will set out its consideration of subordinate legislation at this meeting.
Does the committee wish to draw the instrument to the attention of the Parliament as follows: on reporting ground (i), that its drafting appears to be defective in one respect, being that it fails to deliver the intended policy by failing to allow for messengers-at-arms to charge a surcharge for out-of-hours, remote or high-value work, the point raised in the committee’s question 4; and on the general reporting ground, in respect of the points raised in questions 1, 2, 3, 5, 8 and 9?
Members indicated agreement.
Does the committee wish to welcome that the Lord President’s private office has advised that it intends, subject to the court’s approval, to bring forward an amending instrument with a view to addressing all the acknowledged points before the present instrument comes into force?
Members indicated agreement.
Issues have also been raised in relation to the following instrument.
Tobacco and Vapes Act 2026 (Consequential, Transitional and Saving Provisions) (Scotland) Regulations 2026 (SSI 2026/213)
Again, the full correspondence has been published alongside the papers for this meeting, and more detailed findings will be set out in the committee’s report from today’s meeting.
In relation to this instrument, the committee asked the Scottish Government whether, in the schedule of the instrument, “herbal smoking business” should be “herbal smoking product business”, to reflect the defined term. The Scottish Government has accepted that.
Does the committee wish to draw this error to the attention of the Parliament, on the general reporting ground?
Members indicated agreement.
Does the committee wish to note that the error has now been corrected by correction slip?
Members indicated agreement.
The committee also asked about the heading of regulation 7. Although the Scottish Government does not propose any immediate corrective action in relation to the issue that the committee raised, it has said that it will consider amending the heading in the future at an appropriate opportunity. Does the committee wish to welcome that?
Members indicated agreement.
Also under this agenda item, no issues have been raised on the following instruments.
Dangerous Dogs (Compensation and Exemption Schemes) (Miscellaneous Amendment) (Scotland) (No 2) Order 2026 (SSI 2026/212)
Act of Sederunt (Taxation of Judicial Expenses Rules) (Amendment) 2026 (SSI 2026/238)
Wildlife Management and Muirburn (Scotland) Act 2024 (Consequential Amendments) Regulations 2026 (SSI 2026/240)
Is the committee content that no reporting grounds are engaged?
Members indicated agreement.