56th Report, 2012 (Session 4): Subordinate Legislation

SP Paper 230 (Web Only)

SL/S4/12/R56

56th Report, 2012 (Session 4)

Subordinate Legislation

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

Subordinate Legislation

The Committee reports to the Parliament as follows—

1. At its meeting on 4 December 2012, the Committee agreed to draw the attention of the Parliament to the following instrument—

Court Fees (Miscellaneous Amendments) Scotland Order 2012 (SSI 2012/322).

2. The Committee’s recommendations in relation to that instrument are set out below.

3. The instruments that the Committee determined that it did not need to draw the Parliament’s attention to are set out at the end of this report.

POINTS RAISED: INSTRUMENTS SUBJECT TO NEGATIVE PROCEDURE

Court Fees (Miscellaneous Amendments) Scotland Order 2012 (SSI 2012/322)
(Justice Committee)

1. The Order amends the Court of Session etc. Fees Amendment Order 2012, the High Court of Justiciary Fees Amendment Order 2012, and the Sheriff Court Fees Amendment Order 2012. The amendments are to correct the defects in the commencement provisions which the Committee has recently reported on in connection with those instruments.

2. The Court of Session etc. Fees Amendment Order 2012 is also amended to correct some minor drafting errors which the Committee identified.

3. The Order is subject to the negative procedure, and comes into force on 9 December 2012. Section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 has not been complied with, as the Order has not been laid at least 28 days before it comes into force. The failure to comply with section 28(2) automatically engages the Committee’s reporting ground (j) in Rule 10.3.1 of the Standing Orders.

4. As part of its scrutiny of the instrument, the Committee considered the explanation that the Scottish Government provided in its letter to the Presiding Officer for this failure. The correspondence is reproduced in Appendix 1. The Committee accepted the explanation for the reason explained below.

5. The Committee draws the instrument to the attention of the Parliament on reporting ground (j).

6. There has been a failure to lay the instrument at least 28 days before it comes into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.

7. Since the purpose of this instrument is to correct errors in various Scottish statutory instruments before they come into force, the Committee agreed to find the explanation provided by the Scottish Government for this failure to be acceptable.

NO POINTS RAISED

8. At its meeting on 4 December 2012, the Committee considered the following instruments and determined that it did not need to draw the attention of the Parliament to any of the instruments on any grounds within its remit:

Justice Committee

Police Grant (Variation) (Scotland) Order 2012 (SSI 2012/316)

Infrastructure and Capital Investment Committee

M74 Motorway (Fullarton Road to the M8 West of Kingston Bridge) (Speed Limit) Regulations 2012 (SSI 2012/320)

APPENDIX 1

Court Fees (Miscellaneous Amendments) Scotland Order 2012 (SSI 2012/322)

Breach of laying requirements: letter to Presiding Officer

The above instrument was made by the Scottish Ministers under section 2 of the Courts of Law Fees (Scotland) Act 1895 on 22 November 2012. It is being laid before the Scottish Parliament today and is to come into force on 9 December 2012.

Section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 has not been complied with. In accordance with section 31(3) of that Act, this letter explains why.

The above instrument makes amendments to the Court of Session etc. Fees Amendment Order 2012, the High Court of Justiciary Fees Amendment Order 2012 and the Sheriff Court Fees Amendment Order 2012. The Scottish Government’s attention was drawn to errors in these orders by the Subordinate Legislation Committee at its meeting on 20 November.

These errors require to be corrected, and the Scottish Government has undertaken to do so prior to the orders coming into force on 10 December. It is, therefore, intended that the corrective instrument will come into force before then. As a result, the corrective instrument does not comply with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.

Back to top

This website is using cookies.
We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we’ll assume that you are happy to receive all cookies on this website.