Meeting of the Parliament 19 January 2016
I will speak briefly to amendments 1 and 2.
Under section 2(3) of the bill, the Scottish ministers have the power to modify the exceptions in sections 2(1) and 2(1A) by way of regulations. The two proposed amendments are technical in nature and are intended to provide clarity and certainty as to the Scottish ministers’ power to make regulations. As our proposed amendments relate to the power to make subordinate legislation, we have written to the Delegated Powers and Law Reform Committee to explain them.
Amendment 1 simply clarifies the power that the Scottish ministers have to modify the exceptions to the legal proceedings that are covered by the bill in section 2 by way of regulations. It makes it absolutely clear, for the avoidance of doubt, that the Scottish ministers’ regulation-making power includes the ability to add to, remove or amend the exceptions in sections 2(1) and 2(1A). It does not extend the power of the Scottish ministers under section 2(3); it merely clarifies the scope of the power, as agreed between me and Ms Mitchell.
The effect of amendment 2 will be that, when the Scottish ministers make exceptions under section 2(3), they may make transitional, transitory or saving provision to cover situations in which proceedings have begun before an exception is created by regulations or, if an existing exemption is removed by regulations, to allow proceedings that have begun before the exception is removed to continue to apply the law that was in force at the time that they began. The purpose of the amendment is therefore to provide legal certainty and flexibility.
I move amendment 1.