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Act of Sederunt (Summary Application Rules 1999 Amendment) (Trafficking and Exploitation Orders) 2017 (SSI 2017/211)
This act of sederunt amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc Rules) 1999 in consequence of the Human Trafficking and Exploitation (Scotland) Act 2015. Paragraphs 2(2)(b)(i) and 2(2)(b)(ii) insert references to a
“trafficking and exploitation prevention order”
and a
“trafficking and exploitation risk order”
respectively into rule 3.45.2 of the Summary Applications, Statutory Applications and Appeals etc Rules 1999. However, our legal advisers have identified that references to the equivalent interim orders—interim trafficking and exploitation prevention orders and interim trafficking and exploitation risk orders—have not been inserted.
The instrument was laid on 20 June 2017 and there was therefore no time available for formal questions and a response to be issued and received in time for the committee’s final meeting before the summer recess.
It is appropriate for the committee to consider the instrument before the recess because the error that has been identified relates in part to a provision that commences on 30 June 2017. Expediting the committee’s consideration of the instrument affords the committee an opportunity to comment on the drafting error before it comes into force rather than wait until its first meeting following recess, which will be on 5 September. As a result of the lack of time available, the committee liaised informally with the Lord President’s private office on the drafting error and it has agreed informally to correct the omissions.
Accordingly, does the committee agree to draw the instrument to the attention of the Parliament under the general reporting ground, as a result of the error identified at paragraphs 2(2)(b)(i) and 2(2)(b)(ii)?
Members indicated agreement.
Does the committee also agree to welcome the fact that the Lord President’s private office has agreed informally to correct the omission in relation to interim trafficking and exploitation prevention orders at the next available opportunity, which it is anticipated will be within the next few weeks, in light of the fact that such orders come into force on 30 June 2017?
Members indicated agreement.
Finally, does the committee also agree to welcome the fact that the Lord President’s private office has agreed informally to correct the omission in relation to interim trafficking and exploitation risk orders prior to such orders coming into force on 31 October 2017?
Members indicated agreement.
No points have been raised by our legal advisers on the following three instruments.
Mental Health (Scotland) Act 2015 (Commencement No 4 and Transitional and Savings Provisions) Order 2017 (SSI 2017/197 (C 17))
Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Withdrawal of Agents and Judicial Review) 2017 (SSI 2017/200)
Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Regulation (EU) 2015/848) 2017 (SSI 2017/202)
Is the committee content with the instruments?
Members indicated agreement.
10:26 Meeting continued in private until 10:47.