43rd Report, 2013 (Session 4): Subordinate Legislation

SP Paper 385 (Web Only)


43rd Report, 2013 (Session 4)

Subordinate Legislation

Remit and membership


1. The remit of the Delegated Powers and Law Reform Committee is to consider and report on—

(a) any—

(i) subordinate legislation laid before the Parliament or requiring the consent of the Parliament under section 9 of the Public Bodies Act 2011;

(ii) [deleted]

(iii) pension or grants motion as described in Rule 8.11A.1; and, in particular, to determine whether the attention of the 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;

(d) whether any proposed delegated powers in particular Bills or other legislation should be expressed as a power to make subordinate legislation;

(e) any failure to lay an instrument in accordance with section 28(2), 30(2) or 31 of the 2010 Act; and

(f) proposed changes to the procedure to which subordinate legislation laid before the Parliament is subject.

(g) any Scottish Law Commission Bill as defined in Rule 9.17A.1; and

(h) any draft proposal for a Scottish Law Commission Bill as defined in that Rule.


Christian Allard
Richard Baker
Nigel Don (Convener)
Mike MacKenzie
Margaret McCulloch
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 10 September 2013, 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:

Health and Sport

National Health Service (Cross-Border Health Care) (Scotland) Regulations 2013 [draft].


Act of Sederunt (Registration Appeal Court) 2013 (SSI 2013/236);

Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Policing and Crime Act 2009) 2013 (SSI 2013/241);

Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Amendment Regulations 2013 (SSI 2013/247);

Legal Aid and Advice and Assistance (Photocopying Fees and Welfare Reform) (Miscellaneous Amendments) (Scotland) Regulations 2013 (SSI 2013/250).

Rural Affairs, Climate Change and Environment

Aquaculture and Fisheries (Scotland) Act 2013 (Commencement and Transitional Provisions) Order 2013 (SSI 2013/249 (C.16)).

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