Delegated Powers and Law Reform Committee
Meeting date: Tuesday, May 28, 2024
Official Report 444KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instruments subject to Negative Procedure
- Instrument not subject to Parliamentary Procedure
- Document subject to Parliamentary Control
Instruments subject to Negative Procedure
Under agenda item 2, we are considering three instruments. An issue has been raised on the following instrument.
Sheriff (Removal from Office) Order 2024 (SSI 2024/148)
The order removes a sheriff who was found to be unfit for office from the office of sheriff. Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure must be laid at least 28 counting days before they come into force. The instrument breaches that requirement, as it was laid on 21 May 2024 and comes into force on 7 June.
In correspondence with the Presiding Officer, which will be published in full in the committee’s report on the Scottish statutory instruments that are considered at this meeting, the Scottish Government explained why it is breaching the laying requirements.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with the laying requirements?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instruments.
Seed (Fees) (Scotland) Amendment Regulations 2024 (SSI 2024/146)
Teachers’ Pension Scheme (Scotland) Amendment Regulations 2024 (SSI 2024/147)
Is the committee content with the instruments?
Members indicated agreement.