Delegated Powers and Law Reform Committee

Meeting date: Tuesday, May 30, 2017

Official Report 326KB pdf

Instruments subject to Affirmative Procedure

No points have been raised by our legal advisers on the following three instruments.

Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions) Order 2017 [Draft]

Mental Health (Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2017 [Draft]

Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Amendment Regulations 2017 [Draft]

Both mental health instruments contain minor drafting errors. When a drafting error is identified in an instrument that has been laid in draft, the committee tends to recommend that the instrument should be withdrawn and relaid with the error corrected. If there is no time for re-laying, there is the option of laying an amending instrument. In our view, that is normally the correct approach.

However, in this instance, the numbering and cross-referencing errors are highly evident. The Scottish Government has considered the matter and decided that the errors should be corrected on the signing copy. The committee could agree that it might appear disproportionate, in this instance, for the regulations to be withdrawn and relaid or for an amending instrument to be laid.

Therefore, as a very limited exception to our normal approach, does the committee agree to accept the proposed approach of correcting the highly evident errors on the signing copy?

Members indicated agreement.

Is the committee otherwise content with the instruments?

Members indicated agreement.