Memorandum by the Lord President's Private
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