Delegated Powers and Law Reform Committee
Meeting date: Tuesday, March 3, 2020
Official Report 475KB pdf
Contents
- Attendance
- Interests
- Convener
- Decision on Taking Business in Private
- Instrument subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instrument not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Public health etc (Scotland) Act 2008 (Notifiable Diseases and Notifiable Organisms) Amendment Regulations 2020 (SSI 2020/51)
Agenda item 5 is consideration of a number of negative instruments, the first of which, SSI 2020/51, relates to the infectious coronavirus, which, as we all know, is an international public health concern. The instrument adds Covid-19, a strain of coronavirus, to the list of notifiable diseases and organisms in schedule 1 to the Public Health etc (Scotland) Act 2008.
That means that if a registered medical practitioner in Scotland suspects that a patient might have that strain of coronavirus, they are now under a legal duty to notify their health board, which in turn will be under a duty to notify the national health service’s Common Services Agency. Similarly, if a diagnostic laboratory in Scotland identifies the coronavirus 2019 organism, it is now under a legal duty to report that to the health board and to the CSA.
The instrument was laid before the Parliament on 21 February 2020 and came into force the next day, which does not comply with the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument. The committee is therefore required under standing orders to draw the instrument to the attention of the Parliament on reporting ground (j) for failing to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j)?
Members indicated agreement.
The committee also looks at the Scottish Government’s reasons for any such breach, which, in this case, are set out in a letter to the Presiding Officer that is dated 21 February. It explained that bringing the regulations into force immediately would allow the health service in Scotland to respond quickly to the new strain of coronavirus.
Is the committee content with the reasons that have been given for the failure to comply with section 28 of the 2010 act?
Members indicated agreement.
No points have been raised on the following negative instruments.
Local Governance (Scotland) Act 2004 (Remuneration) Amendment Regulations 2020 (SSI 2020/26)
National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2020 (SSI 2020/30)
Police Pensions (Amendment) (Scotland) Regulations 2020 (SSI 2020/33)
Marketing of Fruit Plant and Propagating Material (Scotland) Amendment Regulations 2020 (SSI 2020/34)
Scottish Road Works Register (Prescribed Fees) Regulations 2020 (SSI 2020/35)
Non-Domestic Rates (Reverse Vending Machine Relief) (Scotland) Regulations 2020 (SSI 2020/36)
Non-Domestic Rate (Scotland) Order 2020 (SSI 2020/37)
Non-Domestic Rates (Enterprise Areas) (Scotland) Amendment Regulations 2020 (SSI 2020/38)
Non-Domestic Rates (Levying) (Scotland) Regulations 2020 (SSI 2020/39)
Non-Domestic Rates (Relief for New and Improved Properties) (Scotland) Regulations 2020 (SSI 2020/40)
Non-Domestic Rates (Telecommunication Installations) (Scotland) Amendment Regulations 2020 (SSI 2020/41)
Non-Domestic Rates (Transitional Relief) (Scotland) Amendment Regulations 2020 (SSI 2020/42)
Non-Domestic Rating (Unoccupied Property) (Scotland) Amendment Regulations 2020 (SSI 2020/43)
Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2020 (SSI 2020/44)
National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2020 (SSI 2020/54)
National Assistance (Assessment of Resources) Amendment (Scotland) (No 2) Regulations 2020 (SSI 2020/55)
National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2020 (SSI 2020/56)
Is the committee content with the instruments?
Members indicated agreement.
Does the committee also wish to note that SSI 2020/30 rectifies an error that the committee previously reported in regulation 1(2) of the National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2017 (SSI 2017/27)?
Members indicated agreement.