Delegated Powers and Law Reform Committee

Meeting date: Tuesday, February 4, 2020

Official Report 439KB pdf

Instrument subject to Negative Procedure

National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2020 (SSI 2020/17)

Agenda item 3 is consideration of a negative instrument that makes provision to allow certain national health service services to be provided without charge for any overseas visitor who requires diagnosis or treatment for Wuhan novel coronavirus. Similar steps are being taken in England, Wales and Northern Ireland.

The instrument was laid before the Parliament on 29 January and came into force on 30 January. That 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 that is subject to the negative procedure and the coming into force of that instrument. The reasons for the non-compliance with that requirement are set out in a letter from the Scottish Government to the Presiding Officer that is dated 29 January.

Is the committee content that the failure to comply with section 28(2) of the 2010 act is acceptable in the circumstances?

Members indicated agreement.

Standing orders require the committee to draw the Parliament’s attention to any failure to respect the 28-day laying requirement. Does the committee therefore wish to draw the instrument to the attention of the Parliament under reporting ground (j) for failing to comply with that laying requirement?

Members indicated agreement.