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Sl/S3/08/30/A Subordinate Legislation Committee

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Sl/S3/08/30/A Subordinate Legislation Committee SL/S3/08/30/A SUBORDINATE LEGISLATION COMMITTEE AGENDA 30th Meeting, 2008 (Session 3) Tuesday 4 November 2008 The Committee will meet at 2.15 pm in Committee Room 6. 1. Decision on taking business in private: The Committee will decide whether to take item 9 in private. 2. Sexual Offences (Scotland) Bill: The Committee will consider the delegated powers provisions in this Bill at Stage 1. 3. Flood Risk Management (Scotland) Bill: The Committee will consider the delegated powers provisions in this Bill at Stage 1. 4. Education (Additional Support for Learning) (Scotland) Bill: The Committee will consider the delegated powers provisions in this Bill at Stage 1. 5. Energy Bill (UK Parliament legislation): The Committee will consider the powers to make subordinate legislation conferred on Scottish Ministers in the Energy Bill (UK Parliament legislation). 6. Instruments subject to annulment: The Committee will consider the following— the Pesticides (Maximum Residue Levels) (Scotland) Regulations 2008 (SSI 2008/342). 7. Instruments not laid before the Parliament: The Committee will consider the following— Act of Sederunt (Rules of the Court of Session Amendment No.5) (Miscellaneous) 2008 (SSI 2008/349). 8. Correspondence from the Minister for Parliamentary Business: The Committee will consider a letter from the Minister for Parliamentary Business on the Subordinate Legislation Committee's 12th Report, 2008 and the forthcoming SL/S3/08/30/A Legislative Reform Bill. 9. Health Boards (Membership and Elections) (Scotland) Bill: The Committee will consider areas of questioning for officials on the delegated powers provisions in this Bill at Stage 1. Shelagh McKinlay Clerk to the Subordinate Legislation Committee Room TG.01 Scottish Parliament Edinburgh Tel: 0131 348 5212 Email: [email protected] SL/S3/08/30/A The papers for this meeting are as follows— Agenda Items 2-9 Legal Brief SL/S3/08/30/1 (P) Agenda Items 2-9 Summary of Recommendations SL/S3/08/30/2 Agenda Item 2 Sexual Offences (Scotland) Bill has been circulated to Members. A link to this Bill can be found at: http://www.scottish.parliament.uk/business/bills/billsInProgres s/index.htm Agenda Item 3 Flood Risk Management (Scotland) Bill has been circulated to Members. A link to this Bill can be found at: http://www.scottish.parliament.uk/business/bills/billsInProgres s/index.htm Agenda Item 4 Education (Additional Support for Learning) (Scotland) Bill has been circulated to Members. A link to this Bill can be found at: http://www.scottish.parliament.uk/business/bills/billsInProgres s/index.htm Agenda Item 5 Energy Bill (UK Bill). A link to this Bill can be found at: http://services.parliament.uk/bills/2007-08/energy.html Energy Bill Legislative Consent Memorandum SL/S3/08/30/3 Energy Bill Amendments SL/S3/08/30/4 Agenda Item 8 Paper from the Clerk SL/S3/08/30/5 Minister for Parliamentary Business response SL/S3/08/30/6 Letter to Minister for Parliamentary Business SL/S3/08/30/7 SL/S3/08/30/2 SUBORDINATE LEGISLATION COMMITTEE 30th Meeting, 2008 (Session 3) Tuesday 4 November 2008 Summary of Recommendations The Committee will be invited to consider the following recommendations under consideration at today’s meeting. Decisions are a matter for the Committee. Agenda Item 2 Sexual Offences (Scotland) Bill Section 29: Power to specify “relevant offences” for the purpose of Section 29(2) The Committee may wish to report that it considers the use of subordinate legislation appropriate in order to provide flexibility to address future changes in the law. It may also wish to recommend that the Government consider further whether the Bill can be amended to restrict the scope of the wide and significant power to a power to specify offences or circumstances involving conduct of a sexual nature involving children as “relevant offences”. The Committee may also wish to recommend that the specification of “relevant offences” should be subject to affirmative procedure. Section 30: Power to prescribe form of notice of alternative verdicts The Committee considered, at its meeting on Tuesday 9 September 2008, that this power is acceptable, as is the fact that it is not subject to parliamentary procedure. The Committee may therefore wish to report accordingly. Section 32: Power to amend the definition of what constitutes a “position of trust” in respect of the offence of sexual abuse of trust at section 31 The Committee may wish to report that it finds the use of a delegated power acceptable in principle. The Committee may wish to ask the Government to consider further whether the power could be framed more narrowly in such a way that would still allow for flexibility in responding quickly to any changes in the arrangements for the care and education of young people in Scotland. The Committee may also wish to recommend that affirmative procedure is the appropriate level of parliamentary scrutiny. 1 Section 35: Power to specify circumstances which are to be regarded as constituting the provision of care services for the purpose of the offence of sexual abuse of trust of a mentally disordered person The Committee considered, at its meeting on Tuesday 9 September 2008, that this power is acceptable, as is the fact that it is subject to negative procedure. The Committee may therefore wish to report accordingly. Section 38: Power to prescribe form of notice of alternative verdicts The Committee considered, at its meeting on Tuesday 9 September 2008, that this power is acceptable, as is the fact that it is not subject to parliamentary procedure. The Committee will therefore wish to report accordingly. Section 42: Power to prescribe period of notice of defence to offence under section 42(1) The Committee considered, at its meeting on Tuesday 9 September 2008, that this power is acceptable, as is the fact that it is not subject to parliamentary procedure. The Committee will therefore wish to report accordingly. Section 43: Power to prescribe period of notice of defence to offence under section 43(2)(b) The Committee considered, at its meeting on Tuesday 9 September 2008, that this power is acceptable, as is the fact that it is not subject to parliamentary procedure. The Committee will therefore wish to report accordingly. Section 45: Ancillary provision At its meeting on Tuesday 7 October 2008, the Committee confirmed that they were content to welcome the Government’s response and to consider the proposed amendments at Stage 2. The Committee may wish to report accordingly. Section 46: Orders At its meeting on Tuesday 9 September 2008, the Committee determined that this power is acceptable. The Committee may wish to report accordingly. 2 Section 49: Short title and commencement At its meeting on Tuesday 9 September 2008, the Committee determined that this power is acceptable as is the fact that it is not subject to Parliamentary procedure. The Committee may wish to report accordingly. Agenda Item 3 Flooding Risk Management (Scotland) Bill Section 1(3)(a)(ii), (3)(b)(ii), (3)(c)(ii) and (3)(d)(ii) – Power to specify “flood risk related functions” for the Scottish Ministers, SEPA, local authorities and other responsible authorities The Committee may wish to explore with the Scottish Government why this function is not subject to the general duty set out in section 1. Section 2(1) – Directions and guidance The Committee may wish to explore with the Scottish Government why this function is not subject to the general duty set out in section 1. The Committee may also wish to ask the Government whether it is willing to consider amending the Bill to provide that this direction-making power is exercisable only after consulting with SEPA and/or any responsible authority about the proposed directions. Section 5(c) – Power to designate “responsible authorities” The Committee may wish to ask the Government to consider amending the Bill so that this power is subject to an obligation to consult with affected organisations before its exercise, particularly in light of the Government’s apparent intention to conduct extensive consultation which is referred to in paragraph 15 of the Delegated Powers Memorandum. Section 8(1)(b) – Power to create flood risk management districts The Committee may find the proposed power acceptable in principle and that it is subject to negative procedure. Section 9(2) – SEPA to prepare flood risk assessments The Committee may wish to ask the Government–– 3 • in light of the better regulation agenda, to explain the circumstances in which it envisages using this delegated power to direct SEPA to prepare a flood risk management plan before the deadline given in the Flooding Directive (22 December 2011); and • to consider making this power subject to a requirement to consult with SEPA before its exercise. Section 9(4)(a)(iii) – Power to prescribe information to be shown in the maps prepared as part of flood risk assessments The Committee may find the proposed power acceptable in principle and that it is subject to negative procedure. Section 10(1)(a) – Flood risk assessments: review The Committee may wish to ask the Government–– • in light of the better regulation agenda, to explain the circumstances in which it envisages using this delegated power to direct SEPA to review (and update) each flood risk assessment before the deadline given in the Flooding Directive (22 December 2018); and • to consider making this power subject to a requirement to consult with SEPA before its exercise. Section 11 – Power to make further provision about the preparation of flood risk assessments The Committee may find the proposed power acceptable in principle and that it is subject to negative procedure. Section 13 – SEPA to identify potentially vulnerable areas and local plan districts The Committee may wish to ask the Government to consider making this power subject to a requirement to consult with SEPA before its exercise.
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