17th Report, 2015 (Session 4): Criminal Justice and Licensing (Scotland) Act 2010 (Supplementary Provision) Order 2015

SP Paper 827 (Web)

Report

Remit

 

Remit and membership

Remit:

To consider and report on:
a) the administration of criminal and civil justice, community safety and other matters falling within the responsibility of the Cabinet Secretary for Justice; and
b) the functions of the Lord Advocate other than as head of the systems of criminal prosecution and investigation of deaths in Scotland.

Membership:

Christine Grahame (Convener)
Elaine Murray (Deputy Convener)
Christian Allard
Roderick Campbell
John Finnie
Margaret McDougall
Alison McInnes
Margaret Mitchell
Gil Paterson

Criminal Justice and Licensing (Scotland) Act 2010 (Supplementary Provision) Order 2015

The Committee reports to the Parliament as follows—

Introduction

1. At its meeting on 27 October 2015 the Committee considered the following instrument—

the Criminal Justice and Licensing (Scotland) Act 2010 (Supplementary Provision) Order 2015 [draft].

2. The instrument was referred to the Justice Committee as lead committee and was subject to the affirmative procedure. The Cabinet Secretary for Justice, Michael Matheson, gave evidence on the instrument and also moved the relevant motion recommending approval of the instrument.

CRIMINAL JUSTICE AND LICENSING (SCOTLAND) ACT 2010 (SUPPLEMENTARY PROVISION) ORDER 2015 [DRAFT] 

 

The draft instrument

3. The draft instrument was made under powers conferred by section 204 of the Criminal Justice and Licensing (Scotland) Act 2010(a) and all other enabling powers. The instrument makes a supplementary amendment to schedule 1 to the 2010 Act requiring the Scottish Courts and Tribunals Service to pay expenses and remuneration to members of the Scottish Sentencing Council. Expenses and remuneration to be paid, if any, will be determined by the Scottish Ministers for lay members, and the Lord Justice General for judicial and legal members.

Scrutiny by the Delegated Powers and Law Reform Committee

4. The Delegated Powers and Law Reform Committee considered this instrument at its meeting on 29 September 2015 and agreed that it did not need to draw it to the attention of the Parliament on any grounds within its remit.

Justice Committee consideration

5. The draft Order was considered by the Justice Committee at its meeting on 27 October 2015, when Michael Matheson, Cabinet Secretary for Justice, attended to give evidence on the instrumenti.

In his opening statement Mr Matheson explained that earlier this year, secondary legislation had been introduced under the Judiciary and Courts (Scotland) Act 2008 to enable the Scottish Courts and Tribunals Service to provide administrative support to the council. He confirmed that it had been agreed with the Scottish Courts and Tribunals Service that it should also be responsible for the payment of fees and expenses, given its function of providing administrative support to the council.

6. The Cabinet Secretary moved the motion in the name of Paul Wheelhouse, Minister for Community Safety and Legal Affairs: S4M-14395—That the Justice Committee recommends that the Criminal Justice and Licensing (Scotland) Act 2010 (Supplementary Provision) Order 2015 [draft] be approved.

7. The motion was agreed to.

Recommendation

The Justice Committee therefore recommends to the Parliament that it approve the draft instrument.


Any links to external websites in this report were working correctly at the time of publication. However, the Scottish Parliament cannot accept responsibility for content on external websites.

Footnotes:

i Scottish Parliament Justice Committee. Official Report, 27 October 2015, Cols 2-3.

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