11th Report, 2013 (Session 4): Public Body Consent Memorandum on the Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013

SP Paper 264 (Web Only)

SL/S4/13/R11

11th Report, 2013 (Session 4)

Public Body Consent Memorandum on the Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013

Remit and membership

Remit:

The remit of the Subordinate Legislation Committee is to consider and report on—

(a)

(i) subordinate legislation laid before the Parliament;

(ii) any Scottish Statutory Instrument not laid before the Parliament but classed as general according to its subject matter;

and, in particular, to determine whether the attention of Parliament should be drawn to any of the matters mentioned in Rule 10.3.1;

(b) proposed powers to make subordinate legislation in particular Bills or other proposed legislation;

(c) general questions relating to powers to make subordinate legislation;

(Standing Orders of the Scottish Parliament, Rule 6.11)

Membership:

Nigel Don (Convener)
Jim Eadie
Mike MacKenzie
Hanzala Malik
John Pentland
John Scott
Stewart Stevenson (Deputy Convener)

Committee Clerking Team:

Clerk to the Committee
Euan Donald

Assistant Clerk
Elizabeth White

Support Manager
Daren Pratt

Public Body Consent Memorandum on the Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013

The Committee reports to the Parliament as follows—

1. At its meeting on 5 February 2013, the Committee considered the Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013. The Order is a United Kingdom Government instrument that the Scottish Parliament has been asked to consent to under section 9 of the Public Bodies Act 2011 (“the 2011 Act”). The Committee submits this report to the Justice Committee as part of its consideration of the Order.

2. The Scottish Government provided the Scottish Parliament with a public body consent memorandum (“PBCM”)1 which contains the draft Order.

Background

3. The 2011 Act provides UK Ministers with the power to make orders to improve the exercise of public functions, having regard to efficiency, effectiveness, economy and securing accountability to Ministers. Section 9(1) of the Act requires the consent of the Scottish Parliament to make any order that would be within the legislative competence of the Scottish Parliament.

4. Chapter 9BA of the Standing Orders require Public Body Act Consent Memorandums to be scrutinised by the Subordinate Legislation Committee. Such Orders are subject to reporting under the same grounds as instruments laid before the Parliament.

5. As lead committee, the Justice Committee will consider the policy aims of the order before the matter is considered by the Parliament as a whole.

Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013

6. The Administrative Justice and Tribunals Council (“AJTC”) and its Scottish Committee was established by section 44 of, and Schedule 7 to, the Tribunals, Courts and Enforcement Act 2007. Replacing the Council on Tribunals, the AJTC provides UK and Scottish Ministers with expert advice on the administrative justice system and performs supervisory functions over specified tribunals, both reserved and devolved.

7. The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 will abolish the AJTC. It also makes consequential provision, removing references to the AJTC and its Scottish and Welsh counterparts (the Scottish Committee and the Welsh Committee) from the statute book.

Subordinate Legislation Committee consideration

8. At its meeting on 5 February 2013, the Committee considered the PBCM under the same grounds as instruments laid before the Parliament.

9. In doing so, it determined that it did not need to draw the attention of the Parliament to the instrument on any of those grounds.

10. However, the Committee agreed to draw to the attention of the lead committee that the explanatory document which accompanies the order does not explain how the statutory criteria in section 8 of the Public Bodies Act 2011 have been satisfied in relation to the effect of the order in its application to Scotland. The Justice Committee may therefore wish to explore with the Scottish Government how the order and any subsequent Scottish proposals will improve the exercise of public functions in Scotland.


Footnotes:

1 The PBCM on the Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 is available here: http://www.scottish.parliament.uk/LegislativeConsentMemoranda/PBCM_AbolitionofAJTC_rev.pdf

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