Official Report

  • Subordinate Legislation Committee, 31 Mar 2009 Share | Copy Link Copied | View PDF
      • [The Convener opened the meeting at 14:16]

      • Decision on Taking Business in Private Share | Copy Link Copied
        • The Convener (Jamie Stone): Share | Copy Link Copied
          I welcome members to the 12th meeting in 2009 of the Subordinate Legislation Committee. We have received no apologies. I ask members to turn off any mobile phones and BlackBerrys.

          Agenda item 1 is to decide whether to take in private item 5, which concerns hybrid bills. Under item 5, we will discuss proposed changes to standing orders in order to inform the work of the Standards, Procedures and Public Appointments Committee. In advance of a report on the matter from that committee, it is probably best to consider the item in private. Is that agreed?

          Members indicated agreement.

      • Schools (Consultation) (Scotland) Bill: Stage 1 Share | Copy Link Copied
        • The Convener: Share | Copy Link Copied
          This is our first consideration of the delegated powers in the bill, of which there are not a lot.

          Are members content to ask the Scottish Government why the regulations made under the section 20(1) power to make ancillary provision may "elaborate" on any aspect of the process or "include provision" as to functions, and, in particular, to provide further explanation as to how and in what circumstances it is considered that the provisions in sections 20(3) and 20(4), so far as they relate to the power conferred under section 20(1), might be used? Shall we probe a wee bit on that?

          Members indicated agreement.

        • The Convener: Share | Copy Link Copied
          On section 20(2), which is on modifications to schedules 1 and 2, are we agreed that the proposed power is acceptable in principle and that affirmative procedure is appropriate?

          Members indicated agreement.

        • The Convener: Share | Copy Link Copied
          We always like affirmatives.

          On section 22, "Commencement and short title", are members content to seek clarification on the provision in section 22(4)(a), with particular reference to what might be contemplated by the phrase

          "in connection with the commencement of this Act,"

          and an explanation whether it is considered that such provision may amend other enactments, and if so, why no procedure is justified for such an order, given the approach in section 20(6)(b)?

          Members indicated agreement.

      • Instruments subject
        to Annulment
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        • European Communities (European Order for Payment) (Scotland) Regulations 2009 (SSI 2009/99) Share | Copy Link Copied
          • The Convener: Share | Copy Link Copied
            Are members content to draw the regulations to the attention of the lead committee and the Parliament in relation to the form and content of the preamble, in so far as there is set out there the purpose of the regulations without there being any apparent basis or need to have done so, and that that represents a failure to follow normal drafting practice with regard to preambles to instruments? Shall we pull the Government up on poor drafting?

            Members indicated agreement.

        • Regulation of Care (Fitness of Employees in Relation to Care Services) (Scotland) (No 2) Regulations 2009 (SSI 2009/118) Share | Copy Link Copied
          • The Convener: Share | Copy Link Copied
            There are two questions on the regulations. First, are members content to draw the regulations to the attention of the Parliament on the ground that there has been a failure on the part of the Scottish Government to follow normal drafting practice in that one of the relevant enabling powers—section 29(10) of the Regulation of Care (Scotland) Act 2001—was not referred to in the preamble? There is a bit of a discrepancy that could be tidied up.

            Members indicated agreement.

          • The Convener: Share | Copy Link Copied
            Secondly, are members content to report to the Parliament that the committee finds satisfactory for its interests the explanation, given by the Scottish Government in its letter to the Presiding Officer dated 23 March 2009, for the failure to comply with article 10(2) of the Scotland Act (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (SSI 1999/1096)?

            Members indicated agreement.

        • Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2009 (SSI 2009/112)
          Building (Procedure) (Scotland) Amendment Regulations 2009
          (SSI 2009/117)
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        • Building (Scotland) Amendment Regulations 2009 (SSI 2009/119) Share | Copy Link Copied
          • The committee agreed that no points arose on the instruments.

      • Instruments not laid before
        the Parliament
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        • Act of Sederunt (Rules of the Court of Session Amendment No 5) (Exchequer Appeals) 2009 (SSI 2009/114)
          Criminal Proceedings etc (Reform) (Scotland) Act 2007 (Commencement No 7) Order 2009 (SSI 2009/116)
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          • The committee agreed that no points arose on the instruments.

          • The Convener: Share | Copy Link Copied
            As we agreed to do at the beginning of the meeting, we will now move into private session.

          • Meeting continued in private until 14:30.