Joint Committee on Statutory Instruments Twenty-Fourth Report



APPENDIX I

Memorandum by the Lord President's Private Office

ACT OF SEDERUNT (RULES OF THE COURT OF SESSION AMENDMENT NO. 5) (MISCELLANEOUS) 1999 (S.I. 1999/1386)

  1. This memorandum is submitted to the Joint Committee on Statutory Instruments in response to a letter of 23 June 1999 from the Commons Clerk of the Committee. He wrote that the Joint Committee on Statutory Instruments considered the above instrument at its meeting on 22 June 1999 and requested a memorandum on the following points:

      "(1) Paragraph 2(2)(b) adds a new rule 1.4 to the 1994 Rules. Explain, given that the 1994 Rules contained a rule 1.4 when they were made and the footnotes do not disclose any later revocation of it, why this new rule is numbered 1.4 and not 1.5.

      (2) Identify (in the absence of any footnote) the prior instrument which added rule 3.6A to the 1994 Rules and explain the amendments to that rule which are made by rule 2(3) of this instrument."

  2. This is the second Explanatory Memorandum in respect of the above instrument because this instrument is one of five referred to the Memorandum from this office dated 25 June in respect of delay in supplying S.I.s to the Joint Committee.

  3. The Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 1999 (S.I. 1999/1386) was made on 14 May and came into force on 19 May, apart from paragraph 2(8) which comes into force on 1 July to coincide with the transfer of certain functions to the Scottish Ministers.

  4. In respect of point (1), the new rule 1.4 has been wrongly numbered due to a drafting error which ought to have been identified in this office during the checking process. The correct number should be 1.5. This error is greatly regretted and will be corrected in an Act of Sederunt at the earliest opportunity. It is likely that the amending Act of Sederunt will be subject to the scrutiny of the Scottish Parliament.

  5. In respect of point (2), the prior instrument which added rule 3.6A to the 1994 Rules is the Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Miscellaneous) 1998 (S.I. 1998/2637), a copy of which is attached for ease of reference. That Act of Sederunt wrongly included a rule number in the heading to rule 3.6A and added an extraneous "1.5" in place of the rule number (see paragraph 2(2)). Paragraph 2(3) of the Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 1999 corrects those errors. This prior instrument ought to have been referred to in a footnote. A fuller explanation in the Explanatory Note would also have made the effect of this provision clearer.

25 June 1999


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 3 August 1999