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In the case of a general investigation, a report must be laid before the Scottish Parliament, in the case of an individual investigation, the Commissioner may lay a report before the Scottish Parliament.
The Committee draws the instrument to the attention of the Parliament under reporting ground (j) for failure to comply with the laying requirements in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.
These measures are considered necessary and appropriate in the GB domestic context, particularly taking into account the increased volume of checks required once the transitional staging period comes to an end.
From the committee’s point of view, it might be useful if we were able to get data on the accountable officer/commissioner role in the various commissions that are accountable to Parliament.
As I said previously, the primary legislation can require consultation on statutory rules, laying budgets in Parliament, laying annual accounts in Parliament and being subject to external audit by Audit Scotland, for example.
Committee reports
Date published:
16 November 2022
Failure to comply with the laying requirements
The Scottish Government accepts that, in the ordinary course of events, it would be usual to withdraw draft affirmative instruments and re-lay them when issues are identified after laying.
This is less of a problem for professional trustees who may be legally qualified but it is more of a problem for lay trustees who simply want to understand the extent of their powers and duties.