Accessibility Options Printer friendly Email us Contact us

Subordinate Legislation Committee discusses delegated powers in relation to Family Law Bill, 08/03/05 [S]

At their meeting on 8 March 2005 the Subordinate Legislation Committee agreed to seek clarification from the Executive on the delegated power provisions in the Family Law (Scotland) Bill at Stage 1. These powers refer to parental responsibilities and rights for unmarried fathers and commencement and the short title.

In relation to parental responsibilities and rights (PRRs) for unmarried fathers the provision discussed is outlined in section 17(3) of the Bill. The policy memorandum states that this section of the Bill relates to situations where PRRs could be given to unmarried fathers whose child's birth is registered outwith the area that the bill provides for, which is Scotland and the rest of the United Kingdom.

The Committee's legal advice however pointed out that the power is not limited to this and could allow PRRs to be given to, for example, unmarried fathers who were not registered on the birth certificate.

The Committee agreed to seek clarification from the Executive on their intentions in relation to this power.

The Committee also discussed powers in relation to section 34 relating to the commencement date.

A full transcript of the Committee's meeting is available on the Scottish Parliament website, Subordinate Legislation Committee Official Report 8 March 2005.

Further Information

  1. Scottish Parliament Committee Page