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Hansard

Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

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1999–2026
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Showing 60 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.
The Convener SNP Committee
20 Nov 2012
Instruments subject to Negative Procedure
Members will see from the correspondence that two issues were raised with the Scottish Government. The first issue relates to the clarity of the drafting that specifies which civil partnerships are to be recognised as falling within the definition of a partner in article 3(2) ...
Nigel Don (Angus North and Mearns) (SNP) SNP Chamber
25 Nov 2014
Legal Writings (Counterparts and Delivery) (Scotland) Bill: Stage 1
I genuinely welcome the opportunity to speak on behalf of the Delegated Powers and Law Reform Committee on the Legal Writings (Counterparts and Delivery) (Scotland) Bill, which is, of course, of particular significance as it is the first to be known as a Scottish Law Commissio...
The Convener SNP Committee
27 Nov 2012
Instruments subject to Negative Procedure
No points have been raised by our legal advisers on the instruments. However, our advisers note that the rural development contracts regulations in SSI 2012/307 are now on their 10th amendment. If our advisers are finding it difficult to work out what the 10th amendment means,...
The Convener SNP Committee
21 Jun 2011
Instruments subject to Negative Procedure
As members will note from the legal brief, our legal advisers consider that the reference in the preamble to the regulations to the exercise of powers under section 18(4) of the Local Government and Housing Act 1989 is not appropriate. However, members should also note that th...
The Convener SNP Committee
12 Jun 2012
Instruments subject to Negative Procedure
No points have been raised by the legal advisers on the regulations. However, members will note that our legal advisers exchanged correspondence on the meaning of certain terms.Does the committee agree to welcome the intention of the Scottish ministers to consider whether they...
The Convener SNP Committee
12 Jun 2012
Instruments subject to Negative Procedure
Our legal advisers have raised no points on the regulations. However, members will note that our legal advisers inquired informally as to why the Scottish Government chose to amend rather than replace the Adults with Incapacity (Requirements for Signing Medical Treatment Certi...
The Convener (Nigel Don) SNP Committee
03 Jun 2014
Instruments subject to Affirmative Procedure
I welcome members to the 19th meeting in 2014 of the Delegated Powers and Law Reform Committee and, as always, ask them to turn off their mobile phones. Apologies have been received from Stuart McMillan, in whose place I welcome Bruce Crawford, and from Margaret McCulloch, in ...
The Convener SNP Committee
30 Sep 2014
Instruments subject to Affirmative Procedure
The legal advisers raised no points on the instruments. The committee may wish to note, however, that the second and fourth instruments replace earlier drafts that were laid before the Parliament on 21 and 22 August respectively, but withdrawn by the Scottish Government follow...
The Convener SNP Committee
28 Oct 2014
Instruments subject to Affirmative Procedure
No points have been raised by our legal advisers on the instruments, and members have not indicated that they have any comments to make. The committee may wish to note that the versions before us of the draft Public Bodies (Joint Working) (Prescribed Health Board Functions) (...
The Convener SNP Committee
02 Dec 2014
Instrument subject to Affirmative Procedure
No points have been raised by our legal advisers on the instrument. However, the committee may wish to note that this is an amended version of the draft order and that it addresses concerns that were raised by the committee’s legal advisers on the original draft. Is the commit...
The Convener SNP Committee
24 Feb 2015
Instruments subject to Affirmative Procedure
The committee may wish to note that these regulations and the following two instruments relating to the Revenue Scotland and Tax Powers Act 2014 replace earlier drafts that were laid before Parliament on 2 February. Those instruments were withdrawn by the Scottish Government f...
The Convener SNP Committee
24 Feb 2015
Instruments subject to Negative Procedure
Our legal advisers have suggested that the regulations raise a question about whether they relate to matters that are reserved by section F1 of part 2 of schedule 5 to the Scotland Act 1998 and that, as such, the committee may wish to report them as raising a devolution issue....
The Convener SNP Committee
10 Mar 2015
Instruments subject to Affirmative Procedure
No points have been raised by our legal advisers on the order, but the committee may wish to note that this instrument was withdrawn and relaid to correct errors identified by our legal advisers. Is the committee content with the instrument? Members indicated agreement.
The Convener SNP Committee
10 Mar 2015
Instruments subject to Affirmative Procedure
No points have been raised by our legal advisers on the order, but the committee may wish to note that this instrument was withdrawn and relaid to correct errors identified by our legal advisers. Is the committee content with the instrument? Members indicated agreement.
The Convener SNP Committee
28 Apr 2015
Instruments subject to Negative Procedure
There also three matters that the committee may wish to report under the general reporting ground. First, regulation 9 amends regulation 65 of the principal regulations by substituting paragraph (3). Substituted subparagraph (3)(a) refers to entitlement to payment of a lower t...
The Convener SNP Committee
28 Apr 2015
Instruments subject to Negative Procedure
Before I invite further comments, I would like to deal with the other issues that are in my brief. The Scottish Government’s response to questions on the instrument from our legal advisers—that happens in the normal way, of course—states that it “will deal with identified er...
The Convener SNP Committee
03 Mar 2015
Instruments subject to Affirmative Procedure
The committee may wish to note that the draft Health Care and Associated Professions (Knowledge of English) Order 2015 replaces an earlier draft that was laid before the Scottish Parliament on 4 February, but which was withdrawn by the Scottish Government following corresponde...
The Convener SNP Committee
15 Sep 2015
Instruments subject to Affirmative Procedure
No points have been raised by our legal advisers on the order, but the committee may wish to note that it was withdrawn and relaid in order to make a clarification that arose from a query from our legal advisers. Is the committee content with the order? Members indicated agre...
The Convener SNP Committee
15 Dec 2015
Instruments subject to Affirmative Procedure
No points have been raised by our legal advisers on the draft regulations, but members might wish to note that it has been withdrawn and relaid twice, first, because of an inadvertent failure identified by the Scottish Government to address certain minor drafting changes prior...
The Convener SNP Committee
23 Feb 2016
Instruments subject to Negative Procedure
Our legal advisers have suggested that the regulations raise a question of whether they relate to matters that are reserved by section F1 of part II of schedule 5 to the Scotland Act 1998, and as such the committee may wish to report the regulations as raising a devolution iss...
Nigel Don SNP Committee
17 Jan 2013
Scottish Law Commission Bills
I think that our visible time capacity was probably why the suggestion was made in the first place. However, the timetabling of subordinate legislation requires us to do things on a very short fuse when we get there, which means that the timing of our business from week to wee...
The Convener SNP Committee
12 Jan 2016
Instruments subject to Negative Procedure
Our legal advisers have noted that SSI 2015/431 and the Management of Offenders etc (Scotland) Act 2005 (Commencement No 8) Order 2015 (SSI 2015/429) replace the provisions of the Management of Offenders etc (Scotland) Act 2005 (Commencement No 8 and Consequential Provisions) ...
Nigel Don (North East Scotland) (SNP): SNP Chamber
15 Nov 2007
Scottish Legal Services Market
In the context of an extensive debate, I will address one specific issue that has not been mentioned much—advocates. The argument is made that it is uneconomic for advocates to be self-employed. I struggle to see why that should be the case, and so do advocates. The argument g...
Nigel Don (North East Scotland) (SNP): SNP Chamber
06 Mar 2008
Rape and Sexual Offences
Members will forgive me for saying again that as I am speaking late in the debate I will resist the temptation to repeat what others have said and instead try to address, or expand on, issues that have not been covered as they might have been.I will make two points. The first,...
Nigel Don SNP Chamber
29 Mar 2012
Tribunal System
I am grateful for that clarification.It has occurred to me that the upper-tier tribunal will set precedent. It will be staffed by senior people and it will make law. I would have thought that what it decides will be binding on the first-tier tribunal in the future. I wonder to...
The Convener SNP Committee
16 Jun 2015
Instruments not subject to Parliamentary Procedure
Given the committee’s consideration of the Legal Writings (Counterparts and Delivery) (Scotland) Bill, members will be pleased to note that this instrument commences on 1 July 2015 the remaining parts of the Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 that a...
Nigel Don (North East Scotland) (SNP) SNP Chamber
19 Jan 2011
Domestic Abuse (Scotland) Bill: Stage 1
I start by apologising for arriving a few minutes late; that has been the order of my day.I congratulate Rhoda Grant on introducing this very important bill. I will reflect on only three elements because, as usual, I have no desire to repeat what has been said before, although...
Nigel Don SNP Chamber
25 Oct 2012
Scottish Civil Justice Council and Criminal Legal Assistance Bill: Stage 1
I understand the principle, but I disagree with it. I do not think that we need to give the Lord President guidance. The Lord President is one of a long line of Lord Presidents who know exactly what they do and understand what things are about. We have probably got the balance...
Nigel Don (Angus North and Mearns) (SNP) SNP Chamber
16 Dec 2014
Welfare Funds (Scotland) Bill: Stage 1
I am enormously grateful to Bob Doris, who eloquently put everything in context. As he said, tens of millions of pounds in a fund will do no more than scratch the surface of a problem that is measured in billions. He is right to put the issue in that context and say, “Look—we ...
The Convener SNP Committee
14 Jun 2011
Instruments not laid before the Parliament
As members will note from the legal brief, our legal advisers are of the opinion that the meaning of the instrument could be clearer in so far as it relates to establishing the identity of a current postal service. Given that concern, do members agree to draw the instrument to...
The Convener SNP Committee
21 Jun 2011
Instrument not laid before the Parliament
As members will note from the legal brief, our legal advisers have highlighted the following drafting errors in the act of adjournal.First, certain forms indicate that applications for orders can be made to courts that do not have jurisdiction in relation to such proceedings.S...
The Convener SNP Committee
15 Nov 2011
Instruments subject to Negative Procedure
The legal brief recommends that the meaning of article 5 of the order could be more clearly expressed. Article 5 modifies the statutory rules on disclosure of evidence to the defence in relation to applications for a retrial under the Double Jeopardy (Scotland) Act 2011 when t...
The Convener SNP Committee
21 Feb 2012
Instruments subject to Negative Procedure
In that case, we will leave the matter there. I point out that the legal advisers have raised no legal issues on either SSI 2012/28 or SSI 2012/29.
The Convener SNP Committee
16 Dec 2014
Instruments subject to Affirmative Procedure
No points have been raised by our legal advisers on the draft instruments, but the committee might wish to note that the draft Regulation of Investigatory Powers (Covert Surveillance and Property Interference – Code of Practice) (Scotland) Order 2015 and the draft Regulation o...
The Convener SNP Committee
12 Aug 2014
Instruments not subject to Parliamentary Procedure
I am also concerned that these are complex provisions that have, as Stewart Stevenson said, come before us only as a matter of happenstance. The relevant policy committee will not see the order before it comes into force tomorrow. That does not sound like a good procedure, alb...
The Convener SNP Committee
22 Sep 2015
Instruments subject to Affirmative Procedure
No points have been raised by our legal advisers on the instrument. Members may want to be aware that the instrument was withdrawn and subsequently relaid following correspondence with our legal adviser. Is the committee content with the instrument? Members indicated agreement.
Nigel Don SNP Chamber
22 Mar 2016
Bankruptcy (Scotland) Bill: Stage 3
I hesitate to say that anything is “entirely flawed”, but I will come on to the remit of my committee and what we might do in future, if the member will bear with me. I am grateful to our clerks and legal advisers for their painstaking work. I also recognise and put on record...
Nigel Don (North East Scotland) (SNP): SNP Chamber
20 Nov 2008
Looked-after Children
As usual, I am batting well down the order, so I will not rehearse things that have already been said. In passing, however, I commend Robert Brown's point that children do not suddenly change at the age of 16. Those of us who are parents know fine well that change goes on for ...
The Convener SNP Committee
12 Jun 2012
Scottish Civil Justice Council and Criminal Legal Assistance Bill: Stage 1
Under agenda item 3, the committee will consider the delegated powers in the bill. In doing so, the committee is invited to agree the questions it wishes to raise with the Scottish Government. It is suggested that those questions are raised in written correspondence. On the ba...
Nigel Don (Angus North and Mearns) (SNP) SNP Chamber
24 Feb 2015
Legal Writings (Counterparts and Delivery) (Scotland) Bill: Stage 3
This is an interesting point to have reached, partly because, as many members have mentioned, this is the first bill that has been dealt with by the Delegated Powers and Law Reform Committee, and partly because there is relatively little in the bill. Even speaking third among ...
Nigel Don SNP Chamber
28 Apr 2010
Legal Services (Scotland) Bill: Stage 1
I take Robert Brown’s point, although I would also make the point that those who have trained as lawyers have those ethics, in exactly the same way that those who have trained as medics have them—it is part of what they do. In exactly the same way, I might say that, for those ...
Nigel Don (Angus North and Mearns) (SNP) SNP Chamber
29 Sep 2015
New Psychoactive Substances
The debate has been interesting—it is not the first debate that we have had on the subject and, as I think we all agreed last time round, the issue is not an easy one. If there were a simple answer, we would have come up with it by now, but we know that there is not one. Befo...
Nigel Don SNP Committee
01 Mar 2011
Subordinate Legislation
The point has been fairly made that, in this instance, we are dealing with fairly fragile people and that relationships with professional advisers may mean rather more in those cases than in general legal cases. I suspect that some solicitors will really want to attend. The ot...
The Convener SNP Committee
14 Jun 2011
Work Programme
Agenda item 4 is to consider the committee’s approach to developing a work programme. I refer members to the paper by the clerk. Do members have any comments on it?In as much as no one has spoken, are we all happy with the paper on the programme? Members will note that they ar...
The Convener SNP Committee
06 Sep 2011
Instruments not subject to Parliamentary Procedure
In doing so, the committee may wish to note the Government’s explanation that it was necessary to breach section 30(2) in order to ensure that the errors in SSI 2011/279 were corrected. In drawing the instrument to the Parliament’s attention, the committee may wish to note its...
The Convener SNP Committee
06 Sep 2011
Instruments not subject to Parliamentary Procedure
The proposed order is laid under the super-affirmative procedure, which requires that the draft be consulted on in advance of the finalised affirmative order being laid. The legal brief has drawn the consultation draft to members’ attention and the committee may wish to report...
The Convener SNP Committee
06 Sep 2011
Instruments not subject to Parliamentary Procedure
It is well above my pay grade to answer that, but I am wondering whether our legal advisers might be able to comment. They might not want to comment. The answer is that we can check the dates—and push on the dates—but I do not think that we can answer Chic Brodie’s question.
The Convener SNP Committee
06 Sep 2011
Instruments not subject to Parliamentary Procedure
That is probably best addressed to the universities’ legal advisers and possibly the Government.
The Convener SNP Committee
27 Sep 2011
Instruments not subject to Parliamentary Procedure
Given the seriousness of that reporting ground and the Scottish Government’s commitment to make an amending instrument as quickly as possible, does the committee agree that its legal advisers should seek an update from the Scottish Government in a fortnight’s time on the timet...
The Convener SNP Committee
27 Sep 2011
Instruments not subject to Parliamentary Procedure
The legal advisers have raised no points on the orders.The committee may wish to welcome the prompt laying of Scottish statutory instrument 2011/337, as it remedies the omission of part 5 of schedule 7 to the Local Democracy, Economic Development and Construction Act 2009 from...
The Convener SNP Committee
01 Nov 2011
Instruments not subject to Parliamentary Procedure
The legal advisers have raised no points on either the commencement order or the act of adjournal.Members might wish to note that the criminal procedure rules of 1996, which SSI 2011/355 modifies, have now been amended on 60 occasions. We might wish to consider whether to incl...
The Convener SNP Committee
08 Nov 2011
Correspondence (Commencement Orders and Transitional Provisions)
I will put that to our legal advisers in a moment. First, are there any other questions in that vein that members would like addressed? As there are not, I ask Judith Morrison whether she would care to give a view.
The Convener SNP Committee
20 Dec 2011
Instruments subject to Affirmative Procedure
We move to item 3. Although no points have been raised on the order, I ask the committee to note the communication between our legal advisers and the Scottish Government on obtaining the consent of a minister of the Crown before making the order, and to accept that the consent...
The Convener SNP Committee
22 Nov 2011
Instruments subject to Affirmative Procedure
Our legal advisers raised no points on the instruments.The committee may wish to welcome the Scottish Government’s adjustment of the drafting of the Student Fees (Specification) (Scotland) Order 2011 to reflect the points that the committee raised in relation to the draft of t...
The Convener SNP Committee
22 Nov 2011
Instruments not subject to Parliamentary Procedure
There are a number of issues with this particular Scottish statutory instrument. The first one, which we are considering at the moment, is the provenance of the powers under section 32(1). The advice of our legal advisers is that that seems to be pretty marginal, which I think...
The Convener SNP Committee
24 Jan 2012
Criminal Cases (Punishment and Review) (Scotland) Bill: Stage 1
I think that it is clear to our legal advisers that, as currently drafted, the intention seems to be very wide, which may be inappropriate and unintended.Do we agree to ask the Scottish Government what sort of provision it envisages may be required in section 5, on commencemen...
The Convener SNP Committee
20 Mar 2012
Instruments subject to Negative Procedure
I will ask our legal advisers to comment on John Scott’s point in a moment, but I also wonder whether they can tell us how it might be corrected. If the way forward is to make a single correction to disapply the appropriate regulation, we might want to suggest that to the poli...
The Convener SNP Committee
24 Apr 2012
Draft Instruments not subject to Parliamentary Procedure
The next item of business is consideration of two draft orders that have been laid in the Parliament for consultation under super-affirmative procedure. The orders will be laid for parliamentary approval once the consultation period is over and ministers have had regard to the...
The Convener SNP Committee
28 Feb 2012
The Scottish Social Housing Charter
Our legal advisers have raised no points on the charter. Does the committee therefore agree that the charter should not be drawn to the attention of the Parliament?Members indicated agreement.
The Convener SNP Committee
28 Feb 2012
Public Bodies Act 2011
The next item of business is consideration of a United Kingdom Government order under section 9 of the UK Public Bodies Act 2011.As members will see from the briefing paper, section 9 of the 2011 act requires the consent of the Scottish Parliament to any order that would be wi...
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Committee

Subordinate Legislation Committee 20 November 2012

20 Nov 2012 · S4 · Subordinate Legislation Committee
Item of business
Instruments subject to Negative Procedure
Justice of the Peace Court Fees (Scotland) Order 2012 (SSI 2012/292)
Don, Nigel SNP Angus North and Mearns Watch on SPTV
Members will see from the correspondence that two issues were raised with the Scottish Government. The first issue relates to the clarity of the drafting that specifies which civil partnerships are to be recognised as falling within the definition of a partner in article 3(2) of the order and therefore being entitled to certain exemptions from the liability to pay fees. The Scottish Government did not take a consistent approach to defining civil partnerships in relation to the various jurisdictions in the United Kingdom, which might confuse readers.The legal advisers agree with the Scottish Government that the legal effect is sufficiently clear but, given the drafting errors that have been identified in the other fees instruments this week, members may wish to comment on the resulting untidiness of the inconsistent drafting approach—although members might also feel that they have said enough.More significantly, the second issue concerns whether ministers have the power to revoke the District Court Fees Order 1984 (SI 1984/251), as article 4 of the 2012 order sets out to do. Members will have seen the discussion in the legal brief. In short, the legal advisers disagree with the Scottish Government’s view that a power to revoke previous instruments must reasonably be implied, given that the Interpretation Act 1978 clearly states that such a power is not available.The question whether an instrument is within vires is obviously serious. However, the legal advisers accept the Scottish Government’s assessment of the 2012 order’s practical effect. It is agreed that the 1984 order is superseded by the 2012 order and so no longer has legal effect, although not by virtue of the purported exercise of the power in article 4 of the 2012 order. It is also agreed that the situation has no effect on the ability to charge new fees.It is important to register the difference in legal views on the matter of vires. However, if it is accepted that there is no practical effect on the new fee regime’s operation, the legal advisers suggest that members may be content not to report the order formally. Is that agreed?Members indicated agreement.

In the same item of business

The Convener SNP
Members will see from the correspondence that two issues were raised with the Scottish Government. The first issue relates to the clarity of the drafting tha...