DOCSLIB.ORG

Sl/S4/11/3/A Subordinate Legislation

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Sl/S4/11/3/A Subordinate Legislation SL/S4/11/3/A SUBORDINATE LEGISLATION COMMITTEE AGENDA 3rd Meeting, 2011 (Session 4) Tuesday 6 September 2011 The Committee will meet at 2.30 pm in Committee Room 6. 1. Instruments subject to affirmative procedure: The Committee will consider the following— Construction Contracts (Scotland) Exclusion Order 2011 [draft]; Scheme for Construction Contracts (Scotland) Amendment Regulations 2011 [draft]; 2. Instruments subject to negative procedure: The Committee will consider the following— Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011 (SSI 2011/282); Pollution Prevention and Control (Scotland) Amendment Regulations 2011 (SSI 2011/285); Local Government (Allowances and Expenses) (Scotland) Amendment Regulations 2011 (SSI 2011/304); Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2011 (SSI 2011/311) 3. Instruments not subject to any Parliamentary procedure: The Committee will consider the following— Damages (Scotland) Act 2011 (Commencement, Transitional Provisions and Savings) Order 2011 (SSI 2011/268 (C.20)); Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 1) (Scotland) Order 2011 (SSI 2011/269 (C. 21)); Private Rented Housing (Scotland) Act 2011 (Commencement No. 1 and Saving Provision) Order 2011 (SSI 2011/270 (C. 22); Local Electoral Administration (Scotland) Act 2011 (Commencement) Order 2011 (SSI 2011/277 (C. 23)); Public Services Reform (Scotland) Act 2011 (Commencement No. 5) Order 2011 (SSI 2011/278 (C.24)); SL/S4/11/3/A Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No. 1) Order 2011 (SSI 2011/279 (C. 25)); Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No. 1) Amendment Order 2011 (SSI 2011/287 (C. 26)); Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 2011 (SSI 2011/288); Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendmetns) (No. 2) 2011 (SSI 2011/289); Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2011 (SSI 2011/290); Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 2) (Scotland) Order 2011 (SSI 2011/291 (C. 27)); Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Causes in the Inner House) 2011 (SSI 2011/303); Act of Sederunt (Regulation of Advocates) 2011 (SSI 2011/312; International Criminal Court (Libya) Order 2011 (SI 2011/1696); Consultation on the Draft Student Fees (Specification) (Scotland) Order 2011. Irene Fleming Clerk to the Subordinate Legislation Committee Room T2.60 The Scottish Parliament Edinburgh Tel: 0131 348 5212 Email: [email protected] SL/S4/11/3/A The papers for this meeting are as follows— Agenda Items 1, 2 and 3 Legal Brief (private) SL/S4/11/3/1 Instrument Responses SL/S4/11/3/2 SL/S4/11/3/2 SUBORDINATE LEGISLATION COMMITTEE 3rd Meeting, 2011 (Session 4) Tuesday 6 September 2011 Instrument Responses INSTRUMENTS SUBJECT TO THE AFFIRMATIVE PROCEDURE The Construction Contracts (Scotland) Exclusion Order 2011 (draft) On 19 July 2011 the Scottish Government was asked: 1. Headnote: the usual style, as indicated in the Scottish Statutory Instrument Practice (SSIP) and the draft Scottish Statutory Instrument Drafting Manual (SSIDM), states that the instrument has been laid “for approval by resolution of the Scottish Parliament.” The highlighted words are omitted. 2. Extent provision: this Order is made in terms of section 106A(3) of the Housing Grants, Construction and Regeneration Act 1996, which was inserted by section 138(3) of the Local Democracy, Economic Development and Construction Act 2009. Section 106A(3) replaces section 106(1)(b), which is repealed. Section 106A(3) confers power directly on the Scottish Ministers. The power enables the Scottish Ministers to make orders, so far as extending to Scotland, providing that all or part of Part II of the 1996 Act is not to apply to specified descriptions of construction contracts. This appears to fall within the second category of Westminster Act enabling powers mentioned in para. 3.73 of SSIP. As the power is conferred on Ministers so far as extending to Scotland, it appears that an extent provision in the Order itself is not required. The Scottish Government responded as follows: The explanations and comments in relation to the omission of “resolution of” in the headnote and inclusion of an extent provision as outlined for the Scheme for Construction Contracts (Scotland) Amendment Regulations 2011 apply also in relation to this instrument. The Scheme for Construction Contracts (Scotland) Amendment Regulations 2011 (draft) On 19 July 2011 the Scottish Government was asked: 1. Headnote: the usual style, as indicated in the Scottish Statutory Instrument Practice (SSIP) and the draft Scottish Statutory Instrument Drafting Manual (SSIDM), states that the instrument has been laid “for approval by resolution of the Scottish Parliament.” The highlighted words are omitted. 2. Extent provision: regulation 1(3) provides that the Regulations extend to Scotland only. However, the principal Regulations (the Scheme for Construction Contracts (Scotland) Regulations 1998) already contain an extent provision at regulation 1(2). 1 Paragraph 3.75 of SSIP indicates that an extent provision in the amending Regulations is accordingly not required. 3. Regulation 2: the word “In” appears to have been omitted immediately before “Regulation 4(b)”. 4. Explanatory Note: the Scheme for Construction Contracts (Scotland) Regulations 1998 are given the shorthand reference “the Scheme”. However, regulation 5 of those Regulations provides that the provisions in the Schedule to those Regulations are to be the Scheme for Construction Contracts (Scotland). This is reflected in regulation 1(4) of the amending Regulations, where “the Scheme” is defined as being the Scheme contained in the Schedule to the principal Regulations. The references to “the Scheme” in the Explanatory Note are accordingly confusing, in that they suggest that the principal Regulations themselves (rather than the Schedule to those Regulations) constitute the Scheme. They are also inconsistent with the definitions in the principal and in the amending Regulations. The Scottish Government responded as follows: 1. We accept that the words “resolution of” should have been included in the headnote to the instrument and that as a result of this omission the headnote does not strictly accord with the terms set out in SSIP. This was, of course, an error and not a deliberate omission. Whilst ideally the text should have complied fully with SSIP we do not consider that this error affects the validity of the instrument and do not consider it necessary to withdraw the instrument as a result. 2. We have considered and agree with your observation in relation to the extent provision in this case and thank you for drawing this to our attention. Its inclusion though, whilst unnecessary, does not alter the legal effect of the instrument and we do not consider amendment to be necessary. 3. We note and agree that regulation 2 should have commenced with the word “In”. We consider the omission to be minor and that in the interpretation of this provision there is no ambiguity or uncertainty of meaning. Accordingly we do not consider it necessary to withdraw the instrument but will investigate whether this can be addressed as a matter of printing. 4. In relation to the references to “the Scheme” in the explanatory note to this instrument; although “the Scheme” is strictly the Schedule to the Scheme for Construction Contracts (Scotland) Regulations 1998 and not, as you identify, the Regulations themselves, the readers of this instrument will be those in the construction industry who are familiar with “the Scheme” and who will readily understand the nature and effect of the instrument as set out in the Explanatory Note. As a result we do not consider that any confusion would be caused. 2 LAID ONLY INSTRUMENTS, NOT SUBJECT TO ANY PARLIAMENTARY PROCEDURE The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 1) (Scotland) Order 2011 (SSI 2011/269) and The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 2) (Scotland) Order 2011 (SSI 2011/291) On 19 July the Scottish Government was asked: 1. To explain why no day has been appointed for the coming into force of Part 5 of Schedule 7 to the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”), when the Orders do so for the relative repeal provisions found in section 138(2), section 139(1) and section 143(2). 2. To explain how it intends to bring Part 5 of Schedule 7 to the 2009 Act into force. 3. Given that section 149(2) of the 2009 Act enables the Scottish Ministers to appoint a day for the coming into force of Part 8 of that Act so far as extending to Scotland, to explain why article 2 of the No. 2 Order instead provides for the coming into force of sections 139 to 145 of the 2009 Act, rather than appointing a day as article 2 of the No. 1 Order does in relation to section 138. The Scottish Government responded as follows: Questions 1 and 2 The Scottish Government notes the repeal provisions provided for in Part 5 of Schedule 7 to the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”) and thanks the Committee for drawing this to its attention. Whilst commencement of the identified sections of Part 8 the 2009 Act (namely section 138(2), section 139(1) and section 143(2)) secure the repeal of the provisions set out in Part 5 of Schedule 7 the Scottish Government considers that as a matter of good practice it should commence Part 5 of Schedule 7 to the 2009 Act. Accordingly the Scottish Government proposes to make a further commencement order for this purpose. Question 3 The Scottish Government notes the difference in style between these two Commencement Orders and thanks the Committee for its observation. The Scottish Government appreciates the benefit of consistency in these matters, however, the Scottish Government considers that the legal effect is the same in each case.
Load more

Recommended publications
  • Act of Sederunt (Simple Procedure) 2016 SSI 2016/200
    Act of Sederunt (Simple Procedure) 2016 SSI 2016/200 1. Citation and commencement, etc 2. The Simple Procedure Rules 3. Interpretation of the Simple Procedure Rules 4. Warrants 5. Arrestment to found jurisdiction Citation and commencement, etc 1. (1) This Act of Sederunt may be cited as the Act of Sederunt (Simple Procedure) 2016. (2) It comes into force on 28th November 2016. (3) A certified copy is to be inserted in the Books of Sederunt. The Simple Procedure Rules 2. (1) Schedule 1 contains rules for simple procedure cases and may be cited as the Simple Procedure Rules. (2) A form referred to in the Simple Procedure Rules means— (a) the form with that name in Schedule 2, or (b) an electronic version of the form with that name in Schedule 2, adapted for use by the Scottish Courts and Tribunals Service with the portal on its website. (3) Where the Simple Procedure Rules require a form to be used, that form may be varied where the circumstances require it. Interpretation of the Simple Procedure Rules 3. (1) In the Simple Procedure Rules— “a case where the expenses of a claim are capped” means a simple procedure case— (a) to which an order made under section 81(1) of the Courts Reform (Scotland) Act 2014a applies; or (b) in which the sheriff has made a direction under section 81(7) of that Act; [omitted in consequentials] “a decision which absolves the respondent” means a decree of absolvitor; “a decision which orders the respondent to deliver something to the claimant” means a decree for delivery or for recovery of possession; “a decision
    [Show full text]
  • Act of Sederunt (Summary Applications, Statutory Applications and Appeals Etc
    SCOTTISH STATUTORY INSTRUMENTS 2019 No. 140 SHERIFF COURT Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Labour Market Enforcement Orders) 2019 Made - - - - 17th April 2019 Laid before the Scottish Parliament 18th April 2019 Coming into force - - 18th May 2019 In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013( a), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate. The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 104(1) of the Courts Reform (Scotland) Act 2014( b) and all other powers enabling it to do so. Citation and commencement, etc. 1. —(1) This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Labour Market Enforcement Orders) 2019. (2) It comes into force on 18th May 2019. (3) A certified copy is to be inserted in the Books of Sederunt. Amendment of the Summary Application Rules 1999 2. —(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999( c) is amended in accordance with this paragraph. (2) In Part XLIX (illegal working orders)( d)— (a) in the Part heading, after “WORKING” insert “AND LABOUR MARKET ENFORCEMENT”; (b) after rule 3.49.3 (applications for compensation) insert— (a) 2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3), and by the Inquiries into Fatal Accidents and Sudden Deaths etc.
    [Show full text]
  • The Scottish Bar: the Evolution of the Faculty of Advocates in Its Historical Setting, 28 La
    Louisiana Law Review Volume 28 | Number 2 February 1968 The cottS ish Bar: The volutE ion of the Faculty of Advocates in Its Historical Setting Nan Wilson Repository Citation Nan Wilson, The Scottish Bar: The Evolution of the Faculty of Advocates in Its Historical Setting, 28 La. L. Rev. (1968) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol28/iss2/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. THE SCOTTISH BAR: THE EVOLUTION OF THE FACULTY OF ADVOCATES IN ITS HISTORICAL SOCIAL SETTING Nan Wilson* Although the expression "advocate" is used in early Scottish statutes such as the Act of 1424, c. 45, which provided for legal aid to the indigent, the Faculty of Advocates as such dates from 1532 when the Court of Session was constituted as a College of Justice. Before this time, though friends of litigants could appear as unpaid amateurs, there had, of course, been professional lawyers, lay and ecclesiastical, variously described as "fore- speakers," procurators and prolocutors. The functions of advo- cate and solicitor had not yet been differentiated, though the notary had been for historical reasons. The law teacher was then essentially an ecclesiastic. As early as 1455, a distinctive costume (a green tabard) for pleaders was prescribed by Act of Parliament.' Between 1496 and 1501, at least a dozen pleaders can be identified as in extensive practice before the highest courts, and procurators appeared regularly in the Sheriff Courts.2 The position of notary also flourished in Scotland as on the Continent, though from 1469 the King asserted the exclusive right to appoint candidates for that branch of legal practice.
    [Show full text]
  • Summary Applications, Statutory Applications and Appeals Etc. Rules) 1999
    Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes STATUTORY INSTRUMENTS 1999 No. 929 Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 PART XI REPRESENTATION OF THE PEOPLE ACT 1983 Interpretation and application 3.—(1) In this Part– “sheriff clerk” means, except in rule 3.11.2, the sheriff clerk of the sheriff court district where the trial of the election petition is to take place; “the Act” means the Representation of the People Act 1983 F1. (2) This Part applies to election petitions under the Act. F1 1983 c.2. Initiation of proceedings 3.—(1) The election petition shall be lodged with the sheriff clerk of a sheriff court district within which the election questioned has taken place. (2) The sheriff clerk shall without delay transmit it to the sheriff principal who shall forthwith appoint– (a) the time and place for trial of the petition; (b) the amount of the security to be given by the petitioner; and (c) if he thinks fit, answers to be lodged within a specified time after service. (3) Service in terms of section 136(3) of the Act (security for costs) F2 shall be effected– (a) personally within– (i) 5 days; or (ii) such other period as the sheriff principal may appoint, of the giving of security; or (b) by first class recorded delivery post within– (i) 5 days; or (ii) such other period as the sheriff principal may appoint, of the giving of security.
    [Show full text]
  • 1661-1700 (Pdf)
    1 Scottish Books 1661-1700 (Aldis updated) 1661 1682 Academiæ Edinburgenæ gratulatio, ob serenissimi, augustissimiq; monarchæ Caroli II . Britanniarum, Galliæ & Hiberniæ regis, fidei defensoris, in solium paternum restitutionem, oblate illustrissimo dynastæ, D. Johanni Middiltonio, Middiltonii comiti, clarimontis… 4to. Edinburgh: G. Lithgow, 1661. Wing E165; ESTC R11311 [Voyager 3150808] NLS holdings: Gray.1033(1); UMI 315:01; UMI 428:14 (identified as Wing M1972) Other locations: E U Leighton(fragment) *1682.3 [Act of Committee of Estates, 13 Aug. 1650] West-kirk the 13. day of August, 1650. The Commission of the Generall Assembly considering that there may be just ground of stumbling from the Kings Majesties refusing to subscribe & emit the Declaration offered unto him by the Committee of Estates, and Commissioners of the Generall Assembly concerning his former carriage and resolutions for the future, in reference to the cause of God … . s.sh. Edinburgh: E. Tyler, 1661. Reprint of 1650 edition, Aldis 1395.6 and 1395.7; not recorded by ESTC [Voyager 3771044] NLS holdings: MS.14493, fol.1 Other locations: 1682.5 Act for raising ... 480,000 pound. fol. Edinburgh: E. Tyler, 1661. NLS holdings: Other locations: Private Owner 1683 [Act of Parliament, 1 Feb. 1661] Act of Parliament, against saying of mess [sic], Jesuits, Seminary and Mess [sic] priests, and trafficking papists. At Edinburgh, the first day of February, 1661. s.sh. Edinburgh: E. Tyler, 1661. Wing S1119; Steele 2200; ESTC R183918 [Voyager 2231141] NLS holdings: Ry.1.1.33(13); Mf.SP.133(21); UMI 2710:22 Other locations: Signet Library 1684 [Act of Parliament, 20 Feb.
    [Show full text]
  • Act of Sederunt (Ordinary Cause Rules 1993 Amendment and Miscellaneous Amendments) 2015
    This S.S.I. has been made to correct errors in S.S.I. 2015/227 and S.S.I. 2015/228 and is being issued free of charge to all known recipients of those instruments. SCOTTISH STATUTORY INSTRUMENTS 2015 No. 296 COURT OF SESSION SHERIFF COURT Act of Sederunt (Ordinary Cause Rules 1993 Amendment and Miscellaneous Amendments) 2015 Made - - - - 31st July 2015 Laid before the Scottish Parliament 3rd August 2015 Coming into force - - 21st September 2015 In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013( a) the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council. The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 2014( b) and all other powers enabling it to do so. Citation and commencement, etc. 1. —(1) This Act of Sederunt may be cited as the Act of Sederunt (Ordinary Cause Rules 1993 Amendment and Miscellaneous Amendments) 2015. (2) It comes into force on 21st September 2015. (3) A certified copy is to be inserted in the Books of Sederunt. Amendment of the Ordinary Cause Rules 1993 2. —(1) The Ordinary Cause Rules 1993( c) are amended in accordance with this paragraph. (2) In rule 17.1 (summary decrees: application)(d), after paragraph (aa) insert— “(ab) an action of proving the tenor;”. (a) 2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3).
    [Show full text]
  • Ius Civile in Scotland, Ca. 1600
    Ius Civile in Scotland, ca. 1600 John W. Cairns* In 1922, J. D. Mackie and W. C. Dickinson published in the Scot- tish Historical Review an important document "unearthed from among the treasures of the British Museum."1 The soil in which it had lain concealed was that of the famous Cottonian manuscripts. The particular manuscript was entitled Relation of the Manner of Judicatores of Scotland.2 The editors provided a short introduc- tion in which they were mainly concerned with dating the text and speculating on its authorship through an analysis of the con- tents; while there was some contradictory evidence, they con- cluded, somewhat cautiously, that there was no reason why the "document should not be dated soon after the Union of 1603."3 This seems convincing. They also speculated — quite plausibly — that "it was one of the very documents which formed the basis of negotiations between the commissioners appointed by England and Scotland"4 to fulfil James VI's dream of a union — including a union of the laws — of his kingdoms.5 The nature of the text — evidently drafted by a Scottish lawyer to inform an English law- yer about the institutions of the Scottish legal system and their procedures — supports this, although one could well imagine other reasons for its composition. Mackie and Dickinson suggest- ed two possible authors: Thomas Hamilton, Earl of Melrose, and Sir John Skene, both of whom were Scottish commissioners for Union; one might also add the possibility of Thomas Craig of Riccarton, another Scottish commissioner, although this is un- likely.
    [Show full text]
  • J/S5/19/11/A JUSTICE COMMITTEE AGENDA 11Th
    J/S5/19/11/A JUSTICE COMMITTEE AGENDA 11th Meeting, 2019 (Session 5) Tuesday 2 April 2019 The Committee will meet at 10.00 am in the Mary Fairfax Somerville Room (CR2). 1. Decision on taking business in private: The Committee will decide whether to take item 4 in private. 2. Management of Offenders (Scotland) Bill: The Committee will consider the Bill at Stage 2 (Day 1). 3. Subordinate legislation: The Committee will consider the following negative instrument— Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Ordinary Cause Rules Amendment) (Taxation of Judicial Expenses) 2019 (SSI 2019/74). 4. Work programme: The Committee will consider its work programme. Stephen Imrie Clerk to the Justice Committee Room T2.60 The Scottish Parliament Edinburgh Tel: 0131 348 5195 Email: [email protected] J/S5/19/11/A The papers for this meeting are as follows— Agenda item 3 Paper by the clerk - SSI 2019-74 J/S5/19/11/1 Agenda item 4 Private paper 1 - work programme J/S5/19/11/2 (P) Private paper 2 - work programme J/S5/19/11/3 (P) Private paper 3 - work programme J/S5/19/11/4 (P) J/S5/19/11/1 Justice Committee 11th Meeting, 2018 (Session 5), Tuesday 2 April 2019 Subordinate legislation Note by the clerk Purpose 1. This paper invites the Committee to consider the following negative instrument: Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Ordinary Cause Rules Amendment) (Taxation of Judicial Expenses) 2019 (SSI 2019/74) [see page 3]; 2.
    [Show full text]
  • Stage 2 Briefing
    Stage 2 Briefing Defamation and Malicious Publications (Scotland) Bill January 2021 Introduction The Law Society of Scotland is the professional body for over 12,000 Scottish solicitors. With our overarching objective of leading legal excellence, we strive to excel and to be a world-class professional body, understanding and serving the needs of our members and the public. We set and uphold standards to ensure the provision of excellent legal services and ensure the public can have confidence in Scotland’s solicitor profession. We have a statutory duty to work in the public interest, a duty which we are strongly committed to achieving through our work to promote a strong, varied and effective solicitor profession working in the interests of the public and protecting and promoting the rule of law. We seek to influence the creation of a fairer and more just society through our active engagement with the Scottish and United Kingdom Governments, Parliaments, wider stakeholders and our membership. The Defamation and Malicious Publications (Scotland) Bill1 was introduced by the Cabinet Secretary for Justice, Humza Yousaf MSP, on 2 December 2019. Scottish Government conducted a consultation2 in April 2019 to which we submitted a response.3 The Convener of our Obligations Committee, John Paul Sheridan, gave evidence to the Justice Committee on 1 September 2020. 4 The Stage 1 Report of the Justice Committee5 was published on 14 October 2020. We broadly support the recommendations and conclusions set out in the Stage 1 Report.6 We also note the Scottish Government’s response, which was published on 29 October.7 The Stage 1 Debate took place on 5 November and Parliament approved the general principles of the Bill.
    [Show full text]
  • Analysis Survey of the Powers
    ANALYSIS SURVEY OF THE POWERS RETURNING FROM THE EU THAT INTERSECT WITH THE DEVOLUTION SETTLEMENT IN SCOTLAND 1 CONTENTS INTRODUCTION 3 AGRICULTURE 10 TRANSPORT 24 JUSTICE 28 ENVIRONMENT 60 ENERGY 91 HEALTH 96 EDUCATION 103 MISCELLANEOUS 104 LIST OF ACKNOWLEDGEMENTS 111 ANNEX – FOOD AND FEED LAW ANALYSIS PAPER 113 2 INTRODUCTION The UK’s exit from the EU is arguably the most significant constitutional development to affect the UK since 1945. Other changes including accession to the European Economic Community in 1972, the development of devolution to Scotland, Northern Ireland and Wales in the 1990s, the adoption of the Human Rights Act in 1998 and the creation of the Supreme Court in 2005 were important constitutional changes most of which affected the lives of many millions of people living across the UK. However the UK’s exit from the EU has so many significant aspects including economic, financial, legal, social, and cultural, which will affect many people living in the EU in some ways which are known and understood and in other ways which are currently unpredictable. Development of legislatures in the UK The Parliament of the United Kingdom is the product of the Acts of Union of 1706 and 1707. These united the Parliaments of the kingdoms of England (of which Wales was then part) and Scotland into the Parliament of the kingdom of Great Britain. There were then the Acts of Union of 1800 which united the Parliaments of Great Britain and Ireland into the Parliament of the United Kingdom of Great Britain and Ireland. After the creation of the Irish state in 1922, it became the Parliament of the United Kingdom of Great Britain and Northern Ireland.
    [Show full text]
  • <Short Title> Bill
    Interpretation and Legislative Reform (Scotland) Bill Groupings of Amendments for Stage 2 This document provides procedural information which will assist in preparing for and following proceedings on the above Bill. The information provided is as follows: • the list of groupings (that is, the order in which amendments will be debated). Any procedural points relevant to each group are noted; • the text of amendments to be debated during Stage 2 consideration, set out in the order in which they will be debated. THIS LIST DOES NOT REPLACE THE MARSHALLED LIST, WHICH SETS OUT THE AMENDMENTS IN THE ORDER IN WHICH THEY WILL BE DISPOSED OF. Groupings of amendments Application of Acts and instruments to the Crown 2, 3 Meaning of “Scottish Instrument” 4, 5, 6 Meaning of “pre-commencement period” 7 Ancillary powers 8, 9, 39, 40 References to EU instruments and other legislative provisions 10, 11, 12 Definitions 41, 13, 42, 43, 14, 44, 45 Service of documents 46, 15, 47, 48, 16, 17, 49, 18, 19, 50 Notes on amendments in this group Amendment 48 pre-empts amendment 16 Amendment 49 pre-empts amendment 18 Amendment 19 pre-empts amendment 50 Duty to lay instruments: time limits 51, 53 Negative procedure: “responsible authority” SP Bill 27-G Session 3 (2010) 20, 21 Annulment of instruments 52 Consequences of failure to lay instruments 54, 55, 56, 57, 58, 59 Power to change procedure 22, 25, 26, 27, 28 Combination of certain powers 23, 24 Publication of Acts and instruments 29, 30, 31, 32, 33, 34, 35, 36 Pre-consolidation modifications of enactments 37
    [Show full text]
  • Law for Scottish Lawmakers
    Law for Scottish lawmakers A JUSTICE guide to the law GLOBAL PRESENCE Allen & Overy is an international legal practice with approximately 5,000 people, including some 525 partners, working in 46 offi ces worldwide. Allen & Overy LLP or an affi liated undertaking has an offi ce in each of: Abu Dhabi Casablanca London Rome Amsterdam Doha Luxembourg São Paulo Antwerp Dubai Madrid Shanghai Athens (representative offi ce) Düsseldorf Mannheim Singapore Bangkok Frankfurt Milan Sydney Barcelona Hamburg Moscow Tokyo Beijing Hanoi Munich Toronto Belfast Ho Chi Minh City New York Warsaw Bratislava Hong Kong Paris Washington, D.C. Brussels Istanbul Perth Yangon Bucharest (associated offi ce) Jakarta (associated offi ce) Prague Budapest Johannesburg Riyadh (associated offi ce) Allen & Overy means Allen & Overy LLP and/or its affiliated undertakings. The term partner is used to refer to a member of Allen & Overy LLP or an employee or consultant with equivalent standing and qualifications or an individual with equivalent status in one of Allen & Overy LLP’s affiliated undertakings. www.allenovery.com 2 Law for Scottishlawmakers lawmakers | A JUSTICE | A guideJUSTICE to the guide law to the law 3 Contents 5 Welcome 27 Chapter 4: 47 Chapter 6: Public law and judicial review EU and international law 6 Foreword What is judicial review? The European Union What are the ‘grounds’ for judicial review? International law 7 Chapter 1: Who can bring a judicial review? Law for lawmakers What can the court do? 55 Chapter 7: Introduction Want to know more? England, Wales
    [Show full text]