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Chamber and committees

Delegated Powers and Law Reform Committee

Meeting date: Tuesday, April 2, 2019

Agenda: Decision on Taking Business in Private, Instrument subject to Affirmative Procedure, Instruments subject to Negative Procedure, Instrument not subject to Parliamentary Procedure, South of Scotland Enterprise Bill: After Stage 1


Instrument subject to Affirmative Procedure

Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) Order 2019 [Draft]

The Convener

Agenda item 2 is consideration of an affirmative instrument, the purpose of which is to enable the accounts of ILF Scotland to be audited by the Auditor General for Scotland with effect from 24 May.

There has been a failure to follow proper drafting practice in the instrument due to the omission of a paragraph about its extent. The instrument does not clearly indicate whether it forms part of the law of Scotland or whether it extends to the whole of the United Kingdom but only as a matter of Scots law. Further details can be found in our published papers.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of a failure to follow proper drafting practice?

Members indicated agreement.