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SP Paper 264

J1/S2/05/R1

1st Report, 2005 (Session 2)

Subordinate Legislation

Remit:

To consider and report on matters relating to the administration of civil and criminal justice, the reform of the civil and criminal law and such other matters as fall within the responsibility of the Minister for Justice, and the functions of the Lord Advocate other than as head of the systems of criminal prosecution and investigations of deaths in Scotland.

Membership:

Pauline McNeill (Convener)
Marlyn Glen
Mr Bruce McFee
Margaret Mitchell
Mrs Mary Mulligan
Margaret Smith
Stewart Stevenson (Deputy Convener)

Committee Clerking Team:

Clerk to the Committee
Alison Walker

Senior Assistant Clerk
Douglas Wands

Assistant Clerk
Douglas Thornton

Justice 1 Committee  

1st Report, 2005 (Session 2)

Subordinate Legislation

The Committee reports to the Parliament as follows—

Affirmative instrument

1. At its 40th meeting 2004, session 2, the Justice 1 Committee considered the draft Criminal Procedure (Amendment) ( Scotland) Act 2004 (Incidental, Supplemental and Consequential Provisions) Order 2005.

2. The Minister for Justice (Cathy Jamieson) had lodged motion S2M- 2170 calling on the Committee to recommend that the draft order be approved . The Deputy Minister for Justice (Hugh Henry) attended the meeting and participated in a debate on the motion.

3. After the debate, the motion was moved and agreed to.

Negative instruments

4. At its 30th meeting 2004, session 2, the Committee considered and noted the following instruments—

The Register of Sasines (Application Procedure) Rules 2004 (SSI 2004/318);

The Sexual Offences Act 2003 (Prescribed Police Stations) ( Scotland) Amendment Regulations 2004 (SSI 2004/370).

5. At that meeting, the Committee also considered the following instrument—

The International Criminal Court (Enforcement of Fines, Forfeiture and Reparation Orders) ( Scotland) Regulations 2004 (SSI 2004/360).

6. The Committee noted concerns raised by the Subordinate Legislation Committee in its 33rd Report 2004 (Session 2) and invited the Convener of the Subordinate Legislation Committee, Dr Sylvia Jackson, to speak to those concerns. The Committee then agreed to write to the Scottish Executive, expressing its agreement with the Subordinate Legislation Committee, emphasising the seriousness of the concerns and requesting that the Executive take urgent action to address the concerns.

7. At its 35th meeting 2004, session 2, the Committee considered and noted the following instrument revoking the regulations referred to in paragraph 5 above—

The International Criminal Court (Enforcement of Fines, Forfeiture and Reparation Orders) ( Scotland) (Revocation) Regulations 2004 (SSI 2004/437).