SP Paper 799 (Web)
Delegated Powers Provisions
Remit and membership
1. The remit of the Delegated Powers and Law Reform Committee is to consider and report on—
(i) subordinate legislation laid before the Parliament or requiring the consent of the Parliament under section 9 of the Public Bodies Act 2011;
(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.
Nigel Don (Convener)
John Mason (Deputy Convener)
Human Trafficking and Exploitation (Scotland) Bill as amended at Stage 2
1. At is meeting on 29 September 2015. The Delegated Powers and Law Reform Committee considered the delegated powers in the Human Trafficking and Exploitation (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 Bill was introduced on 11 December 2014 by the Cabinet Secretary for Justice. The Bill consolidates and adds to the existing criminal law relating to human trafficking.
3. The Scottish Government has provided the Parliament with a supplementary memorandum on the delegated powers provisions in the Bill, in advance of Stage 3 of the Bill (“the SDPM”)2.
4. The Committee reported on certain matters in relation to the delegated powers provisions in the Bill at Stage 1 in its 13th report of 2015.
Delegated Powers Provisions
5. The Committee considered each of the new or substantially amended delegated powers provisions in the Bill after Stage 2.
6. After Stage 2, the Committee reports that it does not need to draw the attention of the Parliament to the substantially amended or new delegated powers provisions listed below, and that it is content with the Parliamentary procedure to which they are subject:
- Section 8(2)(b)(i) and Section 8(8) – Support and assistance: victims of offence of human trafficking
- Section 8A – Support and assistance: victims of an offence under section 4
- Section 8B – Independent child trafficking guardians
- Section 8C – Presumption of age
- Section 34(4) – Duty to notify and provide information about victims
7. The Committee therefore reports that it is content with the provisions in the Bill which have been amended at Stage 2 to insert or substantially alter provisions conferring powers to make subordinate legislation.
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
1 Human Trafficking and Exploitation (Scotland) Bill as amended at Stage 2 is available at the following website: http://www.scottish.parliament.uk/S4_Bills/Human%20Trafficking%20Bill/b57as4-stage2.pdf [Accessed September 2015]
2 Human Trafficking and Exploitation (Scotland) Bill (as amended at Stage 2) Supplementary Delegated Powers Memorandum is available at the following website:
http://www.scottish.parliament.uk/S4_Bills/Human%20Trafficking%20Bill/2015-09-18_SDPM_Human_Trafficking_and_Exploitation_(Scotland)_Bill.pdf [Accessed September 2015]
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