►
Description
Delegated Powers and Law Reform Committee 3rd Meeting 2016 the Adam Smith Room (CR5)
1. Declaration of interests: Monica Lennon will be invited to declare any relevant interests.
2. Decision on taking business in private: The Committee will decide whether to take item 6 in private.
3. Instruments subject to affirmative procedure: The Committee will consider the following—
Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Crown Estate Scotland (Interim Management) as Specified Authority) Order 2016 [draft]; Children and Young People (Scotland) Act 2014 (Part 4 and Part 5 Complaints) Revocation Order 2016 [draft].
4. Instruments subject to negative procedure: The Committee will consider the following—
Named Persons (Training, Qualifications, Experience and Position) and the Child’s Plan (Scotland) Revocation Order 2016 (SSI 2016/234); Health and Care Professions Council (Miscellaneous Amendments) Rules Order of Council 2016 (SI 2016/693).
5. Instruments not subject to any parliamentary procedure: The Committee will consider the following—
Act of Sederunt (Simple Procedure) 2016 (SSI 2016/200); Act of Sederunt (Sheriff Court Rules Amendment) (Personal Injury Pre-Action Protocol) 2016 (SSI 2016/215); Succession (Scotland) Act 2016 (Commencement, Transitional and Saving Provisions) Regulations 2016 (SSI 2016/210 (C.19)); Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Miscellaneous) 2016 (SSI 2016/229); Children and Young People (Scotland) Act 2014 (Commencement No. 11) Partial Revocation Order 2016 (SSI 2016/233 (C.20)).
6. Working practices: The Committee will consider a paper from the Clerk in relation to aspects of its working practices.
Published by the Scottish Parliament Corporate Body.
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A
Welcome
members
to
the
third
meeting
of
the
delegated
powers
and
Law
Reform
Committee
could
invite
members
to
turn
off
any
mobile
phones.
Please
they
leased
tournament.
A
silent,
elaine
smith,
sadly,
is
unable
to
attend
the
meeting
this
morning
and
has
submitted
her
apologies.
Monica
Lennon
is
attending
the
meeting
this
morning
in
her
place,
welcome
Monica
and,
if
I
might
invite
you,
if,
in
accordance
with
section
3
of
the
Code
of
Conduct,
to
clear
any
relevant
interests,
if
you
have
any
please
Thank.
B
A
Thank
you
very
much.
I
will
now
move
to
item
to
the
decision
on
taking
business
in
private
and
mr.,
of
course,
that
the
committee
discussed
item
6
in
private.
This
will
be
an
opportunity
for
the
committee
to
discuss
its
working
practices.
Do
members
agreed
to
consider
item
6
in
private
ingredient?
Thank
you.
Much
agenda
item
three
instruments
subject
to
affirmative
procedure:
agenda
item
three
is
a
consideration
of
instrument
subject
to
the
affirmative
procedure.
No
points
have
been
raised
by
our
legal
advisers
on
public
appointments
and
public
bodies,
etc.
A
Scotland
act
2003
treatment
of
corona
state
scotland,
interim
management
as
specified
authority
order,
2016
draft
and
no
points
have
been
raised
on
children
and
young
people.
Scotland
act
2014,
part,
4
and
part
5
complaints
for
revocation
order.
2016
draft
is
the
committee
content
with
these
instruments.
A
Thank
you.
Much
next
item
on
the
agenda
is
consideration
of
instrument
subject
to
negative
procedure,
the
name
persons,
training
qualifications,
experience
in
position
and
the
child's
plan.
Scotland
revocation
order
2016
in
brackets,
2016
/
2
3
4
closed
brackets.
The
order
was
laid
before
the
Parliament
on
the
twenty-fourth
of
August
2016
and
came
into
force
on
the
thirtieth
of
August.
The
order,
therefore
does
not
respect
the
requirement
that
at
least
20
these
should
elapse
between
the
laying
of
an
instrument
which
is
subject
to
the
negative
procedure
and
the
coming
into
force
of
that
instrument.
A
As
regards
its
interest
in
the
scottish
government's
decision
to
proceed
in
this
manner,
the
committee
may
wish
to
find
the
failure
to
comply,
versation
22,
to
be
acceptable
in
the
circumstances.
The
reasons
for
doing
so,
I
outlined
by
the
Deputy
First
Minister
in
his
letter
to
the
presiding
officer
dated
the
24th
of
August
2016
and
are
in
connection
with
the
halting
of
commencement
of
parts
four
and
five
of
the
children
and
young
pupils,
scotland
act
2014.
B
B
B
A
You
gender
item
5,
is
a
consideration
of
instruments
not
subject
to
any
parliamentary
procedure,
which
is
the
act
of
sidering,
a
simple
procedure:
2016
brackets
2016
/
200,
close
brackets
the
committee.
We
wish
to
notably
outset
that
the
Lord
president's
private
office
has
undertaken
termined,
almost
all
of
the
errors,
in
respect
of
which
this
briefing
invites
the
committee
to
report.
A
number
of
errors
will
be
corrected
in
time
for
the
commencement
of
the
new
simple
procedure
on
the
twentieth
of
November
2016.
A
However,
the
l,
PP
o--
explains
that
some
corrections
will
require
further
deliberation
by
the
scottish
civil
justice
council
and
may
accordingly
be
resolved.
Following
implementation
committee
me
wish
to
welcome
the
LP
peels
commitment
to
correcting
honors
and
correcting
errors
and
to
encourage
the
LP
peel
to
take
all
steps
available
to
it
to
correct
the
errors
in
time
for
the
commencement
of
the
new
procedure
on
the
twentieth
of
November
2016.
Do
we
agree
to
that
injury?
A
Thank
You
committee
at
me
wish
to
also
agree
that
for
an
instrument
of
approximately
260
pages
in
length
and
one
which
deliberately
adopts
a
drafting
approach,
which
is
in
many
respects
novel,
the
number
of
errors
identified
by
the
community
in
the
new
rules
does
not
appear
to
be
unduly
disproportionate.
Where
we
agreed
agreed,
Thank,
You,
rule
10,
11
brackets
1
provides
that
a
person
who
has
particular
documents
must
tell
the
court
that
the
person
believes
them
to
be
confidential.
A
The
provision
is
intended,
however,
to
require
a
person
to
tell
the
court
that
documents
are
confidential
only
if
that
person
believes
the
documents
to
be
confidential.
The
error
means
that
the
proper
policy
intention
is
not
delivered.
The
lp
peel
has
agreed.
There
is
an
error
in
rural
1011
one
and
proposes
to
change
the
word
that
too.
If
at
the
next
available
opportunity,
rule
11
73
provides
when
a
special
measures
review
application
is
received,
the
sheriff
may
do
one
of
four
things.
A
The
policy
intention
has
confirmed
by
the
LPP,
oh,
is
that
the
sheriff
should
be
able
to
do
five
things
and
that
rule
11.7.
Three
amit
omits
to
include
a
fifth
option
enabling
the
sheriff
to
vary
an
existing
special
measure
to
the
extent
that
the
rule
does
not
fully
deliver
the
policy
intention
and
the
full
suite
of
options
which
are
to
be
available.
The
committee
may
consider
that
it
is
defectively
drafted
the
LPP.
A
You
has
undertaken
to
main
rule
11
73
at
the
next
available
opportunity,
so
as
to
include
the
fifth
option
of
varying
a
special
measure.
So,
with
respect
to
these
errors,
does
the
committee
wish
to
draw
the
instruments
to
the
parliaments
attention
underreporting
groans
I,
as
the
drafting
of
the
rules
appears
to
be
defective?
A
The
definition
of
the
term
a
case
where
the
expenses
of
a
claim
or
cart
set
out
in
paragraph
3
1
of
the
instrument
is
unclear
as
it
defines
such
a
keys
by
reference
to
a
provision
where
a
sheriff
specifically
directed
that
an
order
capping
expenses
is
to
be
dissipate
that
the
expenses
are
not
cut.
The
LPP
all
acknowledges
that
there
is
an
error
in
this
definition
and
has
undertaken
to
amend
it
at
the
next
available
opportunity.
A
Rule
10.53
uses
the
wording
within
two
weeks
of
the
end
of
either
the
four-week
period
or
the
appeal
being
decided,
which
ever
is
the
later.
The
meaning
of
the
end
of
the
appeal
being
decided
could
be
clearer,
given
there
are
a
number
of
options
available
to
the
sheriff
appeal
court
when
considering
an
appeal,
a
set
at
enroll
16.4,
the
LPP
o
has
agreed
to
consider
whether
rule
10.53
can
be
drafted
more
clearly
and
in
particular
whether
the
rules
can
be
expressive
and
setting
out
the
stage
in
an
appeal
when
the
two
weeks
it
begins.
A
A
A
The
rules
do
not
make
clear
which
will
estate
president
precedence
in
circumstances,
where
the
reason
why
the
sheriff
considers
it
necessary
to
continue
hearing
to
another
day
in
the
language
of
rule
12.3,
for
so
as
to
enable
the
court
to
hear
from
a
witness
who
did
not,
who
has
not
appeared
in
particular,
the
rules
do
not
make
clear
whether
rule
11.33
is
intended
to
preclude
the
continuation
of
the
hearing.
In
these
particular
circumstances,
the
LPP
you
has
undertaken
to
reflect
on
whether
the
relationship
between
these
two
rules
could
make
Lana
fide.
A
A
A
Preamble
also
fails
to
explain
the
basis
for
making
the
reference
to
service
regulation
in
paragraph
3,
one
of
the
roles
and
ambulatory
reference
proper
drafting
pro
for
drafting
practice
for
creating
and
military
reference
to
not
reap
the
intention
to
do
so
in
the
preamble
to
the
instrument.
The
committee
nicon
said
that
the
admitting
to
do
so
constitutes
a
failure
to
observe
proper
drafting
practice,
which
fall,
which
falls
to
be
reported
under
the
general
growth
paragraph
3.
One
of
the
rules
contains
four
definitions
which
do
not
appear
in
the
body
of
the
instrument.
A
Further
paragraph
3
1
defines
the
terms
child's
property
administration
order
as
an
order
under
section
11,
one
of
the
children,
scotland
act
1995.
The
correct
reference
should,
however,
be
to
section
11,
1
d
of
the
1995.
The
LPP
o
acknowledges
this
lack
of
specification
and
has
agreed
to
amend
the
reference
at
the
next
available
opportunity.
A
A
A
The
heading
to
rule
10.9
indicates
that
a
party
may
apply
for
a
special
order
to
recover
documents.
If
that
party
does
not
believe
the
standard
order
to
recover
documents
has
been
complied
with.
The
L
ppl
has
acknowledged
that
the
heading
to
rule
10.9
does
not
accurately
affect
the
policy
intention,
which
is
that
a
party
should
be
able
to
make
an
application
for
a
special
order
for
recovery
of
documents
where
a
standard
order
has
not
been
complied
with,
and
not
only
when
the
party
was
not
believed
that
the
order
has
not
been
complied
with.
A
A
Section
b,
2
of
form
9g
emits
to
include
a
tick
box
for
an
interested
person,
who
is
neither
the
claimant
nor
of
the
respondent,
but
who,
nevertheless,
is
a
person
entitled
to
make
an
application
using
using
that
form
by
virtue
of
the
provision
made
in
rural
20.6
to
form
9g?
Also
instructs
the
person
filling
it
out
to
refer
to
roll
nine
point
10
before
completing
the
form
rule
9
point
10
is
of
no
relevance
to
interested
parties
who
may
meet
applications
using
form.
9
g
by
virtue
of
rule
20
point
6.
A
The
introductory
note
form
9g
should
also
therefore
instruct
the
person
filling
it
out
to
refer
to
roll
20.6,
the
LPP.
You
has
acknowledged
these
admissions
from
form
19
and
intends
to
correct
them
at
the
next
available
opportunity,
and
so
with
reference
to
the
preceding
errors,
does
the
committee
wish
to
draw
the
instruments
to
the
parliaments
attention
under
the
general
reporting
groans.
B
A
Things
moving
all
nodes:
the
act
of
sodon't
court
rules,
amendment
personal
injury,
pre-action
protocol,
2016,
brackets
2016,
/
215
closed
brackets,
the
appendix
1
e,
the
personal
injury
pre-action
protocol
contained
in
schedule.
Two
should
properly
have
been
numbered,
1,
B
and
consequences
and
consequence
the
references
to
appendix
3
in
paragraph
3
2
of
the
instrument
and
to
appendix
1
e
of
in
paragraph
33
and
in
the
heading
of
schedule
to
our
errors.
B
A
Thanks,
no
points
have
been
raised
by
a
legal
advisers
on
the
following
instruments:
the
succession
to
her
the
succession,
scotland
act,
2016,
commencement
transitional
and
saving
provisions;
regulation,
2016,
brackets
2016
/
210
brackets
c-19
closed
brackets
closed
brackets.
They
act.
No
points
have
been
raised
by
a
legal
advisers
on
the
Act
of
Settlement
rules
of
the
Court
of
Session
1994
and
sheriff
court
rules.