19th Report, 2015 (Session 4): Subordinate Legislation

SP Paper 837 (Web)

Contents

Report

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

Subordinate Legislation

The Committee reports to the Parliament as follows—

Introduction

1. At its meeting on 10 November 2015 the Committee considered the following instruments—

Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2015 [draft];

Scottish Tribunals (Administrative Support for Listed Tribunals) Order 2015 [draft];

Scottish Tribunals (Listed Tribunals) Regulations 2015 [draft].

2. The instruments were referred to the Justice Committee as lead committee and were subject to affirmative procedure. The Minister for Community Safety and Legal Affairs, Paul Wheelhouse, attended the meeting to give evidence on the instruments and also to move the relevant motions recommending approval of the instruments.

COURTS REFORM (SCOTLAND) ACT 2014 (CONSEQUENTIAL AND SUPPLEMENTAL PROVISIONS) ORDER 2015 [DRAFT]

The draft instrument

3. The draft Order was made under section 137 of the Courts Reform (Scotland) Act 2014 and all other enabling powers. The instrument makes provision in consequence of and supplementary to the coming into force of certain provisions of the Courts Reform (Scotland) Act 2014 on 1 January 2016. The principal provision is section 109 which, with effect from 1 January 2016, abolishes civil appeals from the sheriff to the sheriff principal and provides for any such appeals to be heard instead by the Sheriff Appeal Court.

Scrutiny by the Delegated Powers and Law Reform Committee

4. The Delegated Powers and Law Reform Committee considered this instrument at its meeting on 27 October 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 10 November 2015, when Paul Wheelhouse, Minister for Community Safety and Legal Affairs attended to give evidence on the instrument1.

6. Mr Wheelhouse explained that the Order makes consequential amendments to primary and secondary legislation in support of the commencement, on 1 January 2016, of the civil jurisdiction and competence of the Sheriff Appeal Court.

7. There being no questions from members for the Minister, Mr Wheelhouse moved the motion in his name: S4M-14683—That the Justice Committee recommends that the Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2015 [draft] be approved.

8. The motion was agreed to.

Recommendation

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

SCOTTISH TRIBUNALS (ADMINISTRATIVE SUPPORT FOR LISTED TRIBUNALS) ORDER 2015 [DRAFT]

SCOTTISH TRIBUNALS (LISTED TRIBUNALS) REGULATIONS 2015 [DRAFT]

The draft Scottish Tribunals (Administrative Support for Listed Tribunals) Order 2015

9. The draft Order was made under powers conferred by paragraph 3(5) of schedule 4 to the Courts Reform (Scotland) Act 2014 and all other enabling powers. The instrument amends the Courts Reform (Scotland) Act 2014 to allow the Scottish Courts and Tribunals Service to provide administrative support to the homeowner housing panel and private rented housing panel until such time as their functions are transferred to the Scottish Tribunals.

The draft Scottish Tribunals (Listed Tribunals) Regulations 2015

10. The draft Regulations were made under powers conferred by section 27(2) of the Tribunals (Scotland) Act 2014 and all other enabling powers. The instrument adds the private rented housing panel and the homeowner housing panel to the tribunals listed in schedule 1 to the Tribunals (Scotland) Act 2014 whose functions may be transferred to the Scottish Tribunals under that Act. It also specifies the functions exercisable by the two panels.

Scrutiny by the Delegated Powers and Law Reform Committee

11. The Delegated Powers and Law Reform Committee considered these instruments at its meeting on 27 October 2015 and agreed that it did not need to draw them to the attention of the Parliament on any grounds within its remit.

Justice Committee consideration

12. The draft instruments were considered by the Justice Committee at its meeting on 10 November 2015, when Paul Wheelhouse, Minister for Community Safety and Legal Affairs attended to give evidence on the instruments.

13. Mr Wheelhouse explained that these were technical instruments required to allow the Scottish Courts and Tribunals Service (SCTS) to continue to provide administration for the Private Rented Housing Panel and the Homeowner Housing Panel when section 35 of the Private Rented Housing (Scotland) Act 2011 is commenced on 1 December 2015, ensuring that the functions of the panels can transfer into the SCTS in September 2016.

14. The Minister confirmed that he did not anticipate any significant financial implications as it was a rebadging exercise and the level of activity was currently fairly low.

15. Mr Wheelhouse moved the motion in his name: S4M-14684—That the Justice Committee recommends that the Scottish Tribunals (Administrative Support for Listed Tribunals) Order 2015 [draft] be approved.

16. The motion was agreed to.

Recommendation

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

17. Mr Wheelhouse then moved the motion in his name: S4M-14685—That the Justice Committee recommends that the Scottish Tribunals (Listed Tribunals) Regulations 2015 [draft] be approved.

18. The motion was agreed to.

Recommendation

The Justice Committee 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:

1 Scottish Parliament Justice Committee. Official Report 10 November 2015 Col 2. Available at: http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10201

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