12th Report, 2012 (Session 4): Criminal Justice and Licensing (Scotland) Act 2010 (Incidental Provisions) Order 2012

SP Paper 196

JUS/S4/12/R12

12th Report, 2012 (Session 4)

Criminal Justice and Licensing (Scotland) Act 2010 (Incidental Provisions) Order 2012

Remit and membership

Remit:

To consider and report on:
a) the administration of criminal and civil justice, community safety and other matters falling within the responsibility of the Cabinet Secretary for Justice; and
b) the functions of the Lord Advocate other than as head of the systems of criminal prosecution and investigation of deaths in Scotland.

Membership:

Roderick Campbell
John Finnie
Christine Grahame (Convener)
Colin Keir
Jenny Marra (Deputy Convener)
Alison McInnes
David McLetchie
Graeme Pearson
Sandra White

Committee Clerking Team:

Irene Fleming
Joanne Clinton
Emma Johnston
Christine Lambourne

Criminal Justice and Licensing (Scotland) Act 2010 (Incidental Provisions) Order 2012

The Committee reports to the Parliament as follows—

1. The draft instrument was laid on 29 June 2012 and referred to the Justice Committee as lead committee.

The draft instrument

2. The draft Order makes technical amendments to the Criminal Justice and Licensing (Scotland) Act 2010 consequential to the enactment of the Equality Act 2010.

3. The Criminal Justice and Licensing (Scotland) Act 2010 makes use of the definition of “disabled person” as set out in the Disability Discrimination Act 1995. As the 1995 Act was repealed by the enactment of the Equality Act 2010, the instrument provides that the Criminal Justice and Licensing (Scotland) Act 2010 will refer instead to the definition provided in the Equality Act 2010.

Scrutiny by the Subordinate Legislation Committee

4. The Subordinate Legislation Committee considered the draft Order on 4 September 2012 and agreed that no points arose (41st Report, 2012)1.

Scrutiny by the Justice Committee

5. The draft Order was considered by the Justice Committee on 23 October 20122 when it took evidence from Roseanna Cunningham, Minister for Community Safety and Legal Affairs.

6. When questioned, the Minister confirmed that there was no change to the definition of a “disabled person”.

7. Ms Cunningham then moved motion S4M-40883. The motion was agreed to without debate or dissent.

8. The Justice Committee recommends to the Parliament that it approve the draft instrument.


Footnotes:

1 Scottish Parliament Subordinate Legislation Committee. 41st Report, 2012, Subordinate Legislation. Available at: http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees.aspx

2 Scottish Parliament Justice Committee. Official Report, 23 October 2012, Col 1861. Available at: http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=7459&mode=pdf

3 S4M-4088—That the Justice Committee recommends that the Criminal Justice and Licensing (Scotland) Act 2010 (Incidental Provisions) Order 2012 [draft] be approved.

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