22nd Report, 2013 (Session 4): High Hedges (Scotland) Bill as amended at Stage 2

SP Paper 296 (Web Only)


22nd Report, 2013 (Session 4)

High Hedges (Scotland) Bill as amended at Stage 2

Remit and membership


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


(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)


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

High Hedges (Scotland) Bill as amended at Stage 2

The Committee reports to the Parliament as follows—

1. At its meeting on 26 March 2013, the Subordinate Legislation Committee considered the delegated powers provisions in the High Hedges (Scotland) Bill1, as amended at Stage 2. The Committee submits this report to the Parliament under Rule 9.7.9 of Standing Orders.

2. The High Hedges (Scotland) Bill is a Member’s Bill introduced by Mark McDonald MSP on 2 October 2012. Mr McDonald was assisted in introducing the Bill by the Scottish Government.

3. Mr McDonald has provided the Parliament with a supplementary delegated powers memorandum2 on the new provisions in the Bill.

Delegated Powers Provisions

4. At Stage 1 of the Bill, the Committee reported that it did not need to draw the attention of the Parliament to the delegated powers in sections 31 (guidance) and 35 (ancillary provision).

5. After Stage 2, the Committee reports that it does not need to draw the attention of the Parliament to the substantially amended powers in sections 31 (guidance) and 34 (power to modify meaning of “high hedge”).

6. The Committee welcomes the fact that section 34 has been amended in order to address its concerns, and the concerns of the lead Committee, as regards the scope of the power.


1 High Hedges (Scotland) Bill as amended at stage 2 is available here: http://www.scottish.parliament.uk/S4_Bills/High%20Hedges%20Bill%20(Scotland)%20Bill/b16as4-stage2.pdf

2 High Hedges (Scotland) Bill Supplementary Delegated Powers Memorandum is available here: http://www.scottish.parliament.uk/S4_Bills/High_Hedges_SDPM_-_Final.pdf

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