The Scottish Parliament Delegated Powers and Law Reform Committee, 8 Nov 2016

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From YouTube: Delegated Powers and Law Reform Committee - Scottish Parliament: 8th November 2016

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www.parliament.scot - The Scottish Parliament Delegated Powers and Law Reform Committee

Agenda:
1. Instruments subject to affirmative procedure: The Committee will consider the following—
Crown Estate Scotland (Interim Management) Order 2017 [draft]; Aberdeen Harbour Revision Order 2016 [draft].
2. Instruments subject to negative procedure: The Committee will consider the following—
Justices of the Peace (Training and Appraisal) (Scotland) Order 2016 (SSI 2016/329); Upper Tribunal for Scotland (Rules of Procedure) Amendment Regulations 2016 (SSI 2016/333); Tenant Information Packs (Assured Tenancies) (Scotland) Amendment Order 2016 (SSI 2016/334).
3. Instruments not subject to any parliamentary procedure: The Committee will consider the following—
Water Resources (Scotland) Act 2013 (Commencement No. 4) Order 2016 (SSI 2016/327 (C.31))

Published by the Scottish Parliament Corporate Body.

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Our good morning, everybody and can I welcome members, the 10th meeting of the delegated powers and Law Reform Committee agenda item. 1 is a consideration of instrument subject to affirmative procedure. The draft crown estate Scotland interim management order 2017 our legal advisers sought clarification from the Scottish Government of the policy intention as to the minimum number of members of crony state, Scotland interim management, the minimum number of members of chemistry. It's got an interim management in relation to the drafting of article 51.

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Scottish government has clarified that intention is the body should be capable of having a minimum of two members ie the cheer plus one other member, rather than one there is a dirt as to whether article 51 is sufficiently clear in that respect.

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Provision states that one, the crown estate interim management is to consist of a a member appointed by the Scottish Ministers to cheer it and be up to eight other members appointed by the Scottish Ministers.

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Scottish government contends that the division into subparagraphs, E and B means that the provision cannot be read as meaning that the scottish ministers are capable of determining that. No other members are appointed apart from the chair. However, article 51 could simply have expressed that the ministers must appoint a minimum of, or at least two members to the body, including the chair. So does the committee therefore agree to draw the order to the attention of parliament on the reporting ground H, as the meaning of the article 51 could be clearer great.

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Thank you. No points been raised by our legal advisers on the following instrument. The draft aberdeen harbour revision order 2016. So is the committee content with this intimate? Thank you very much which takes us to agenda item 2 of an agenda item. 2 is a consideration of instrument subject to a negative procedure.

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Again, no points been raised by a legal advisors on the following instruments: the justices of the peace, training and appraisal, Scotland order, 2016, SSI, 2016 329, or the upper tribunals for Scotland rules of procedure, amendment regulations, 2016, SSI, 2016, 333 or tenant information, packs assured Terrence's Scotland amendment order, 2016 SSI 2016 334 is the committee content with these instruments intent good. Thank you agenda item. 3 is a consideration of instruments not subject to any parliamentary procedure.

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No points have been raised by our legal advisers on the following instruments or the following instrument: the water resources Scotland out 2013 commencement number for order, 2016, SSI, 2016 327. Is the committee content with this instrument? Thank you. You were pleased to know. That concludes the committee's business. For today,.