Delegated Powers and Law Reform Committee
At its meeting on 4 February 2020, the Delegated Powers and Law Reform Committee considered the following instrument subject to the negative procedure and agreed to draw it to the attention of the lead committee (the Health and Sport Committee):
National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2020 (SSI 2020/17)
The Committee's conclusions in relation to this instrument are set out later in the report.
Other instruments considered
The Committee determined that it did not need to draw the Parliament's attention to the instruments set out by the relevant lead committee at the end of this Report
National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2020 (SSI 2020/17)
Purpose
This instrument amends schedule 1 of the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989. The effect is to provide that certain NHS services are provided in Scotland without charge for any overseas visitor who requires diagnosis or treatment for Wuhan novel coronavirus (2019-nCoV).
Committee Consideration
The instrument was laid before the Parliament on 29 January 2020. It came into force on 30 January 2020. This does not comply with the requirement in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 that at least 28 days should elapse between the laying of an instrument which is subject to the negative procedure and the coming into force of that instrument.
The Committee is required by Standing Orders to draw instruments which do not comply with the 28 day rule to the attention of the Parliament.
The reasons for not complying are set out in a letter from the Scottish Government to the Presiding Officer dated 29 January 2020 (see Annex).
The Committee is content with the reasons given by the Scottish Government for bringing the Regulations into force so quickly. However, as required by Standing Orders, the Committee draws this instrument to the attention of the lead committee, the Health and Sport Committee, under reporting ground (j) for the failure to lay the instrument in accordance with section 28(2) of the 2010 Act.
Culture, Tourism, Europe and External Affairs Committee
Census (Scotland) Order 2020 (SSI 2020/draft)
Health and Sport Committee
Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2020 (SSI 2020/draft)
Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2020 (SSI 2020/draft)
Alcohol (Minimum Price per Unit) (Scotland) Amendment Order 2020 (SSI 2020/draft)
Finance and Constitution Committee
Revenue Scotland and Tax Powers Act 2014 Amendment Regulations 2020 (SSI 2020/draft)
Economy, Energy and Fair Work Committee
Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Consumer Scotland as Specified Authority) Order 2020 (SSI 2020/draft)
Letter to the Presiding Officer Dated 29 January 2020
The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2020, SSI 2020/17 was made by the Scottish Ministers under sections 98 and 105 of the National Health Service (Scotland) Act 1978 on 29 January 2020. It is being laid before the Scottish Parliament today, 29 January 2020 and comes into force on 30 January 2020.
Section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 sets out that a negative SSI must be laid before the Scottish Parliament at least 28 days before the instrument comes into force. On this occasion, this has not been complied with and to meet the requirements of section 31(3) that Act, this letter explains why.
The instrument comes into force the day after it is laid, in breach of the 28 day rule, in the interest of public health so that the health service in Scotland can quickly respond if the new strain of Wuhan novel coronavirus (2019-nCoV) is confirmed as being in the UK.
The amending instrument amends schedule 1 of the NHS (Charges to Overseas Visitors) (Scotland) Regulations 1989, in relation to Scotland, to add Wuhan novel coronavirus (2019-nCoV) to the list of diseases in respect of which no charge is to be made or recovered. This is to ensure that there is no financial barrier to overseas visitors in Scotland being given NHS hospital treatment for Wuhan novel coronavirus (2019-nCoV), thus ensuring that the risk to public health from symptomatic visitors is minimised.
We are bringing these provisions forward now, in advance of cases of the Wuhan novel coronavirus (2019-nCoV) being confirmed in the UK, so that the health service can take steps in preparation and in the knowledge that they are not breaking the law. The change will come into force around the same time as in England and the other Devolved Administrations.