Education, Lifelong Learning and Culture Committee, 11 Nov 2009
Meeting date: Wednesday, November 11, 2009
Official Report
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Subordinate Legislation
Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) (No 2) Order 2009 (SSI 2009/337)
Our second agenda item is consideration of subordinate legislation that relates to the protection of vulnerable groups. Although no motions to annul the order have been lodged, the Subordinate Legislation Committee determined that it needed to draw the order to the Parliament's attention on a number of grounds. First, the form or meaning of articles 3 and 4, which provide for modification of the Police Act 1997 and the Protection of Children (Scotland) Act 2003, could have been made clearer.
Secondly, the Subordinate Legislation Committee considers that the intended effect of article 2, which provides for the order being of temporary effect, could have been made clearer. That is because there appears to be a fundamental inconsistency between the proposition that the legal effect of the entire order is temporary and article 6, which provides for the revocation of the Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 (SSI 2009/4) and which is assumed to be intended to be permanent.
Finally, the Subordinate Legislation Committee notes that it finds the Government's explanation for the breach of the 21-day rule to be satisfactory.
If members have no comments to make on the order, does the committee agree that it has no recommendations to make?
Members indicated agreement.