Delegated Powers and Law Reform Committee

Meeting date: Tuesday, January 11, 2022

Official Report 570KB pdf

Instruments not subject to Parliamentary Procedure

We come to agenda item 7.

Act of Sederunt (Sheriff Appeal Court Rules) 2021 (SSI 2021/468)

An issue has been raised on the instrument, which makes provision for the procedure and forms that are to be used for appeals in the sheriff appeal court. The instrument will replace the 2015 court rules.

The committee has identified an error in respect of an incorrect reference in rule 33.1 to section 44(3) of the Age of Criminal Responsibility (Scotland) Act 2019—the reference should have been to section 46(3) of that act. The Lord President’s private office has committed to rectifying the error at the earliest appropriate opportunity.

Does the committee agree to draw the instrument to the attention of the Parliament on the general reporting ground in respect of that incorrect reference? Also, does the committee welcome that the Lord President’s private office has committed to rectifying the error at the earliest opportunity?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

I am a bit confused—I have so much in front of me. I think that I may have missed something, so we will go back.