Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 6, 2018

Official Report 511KB pdf

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Instruments subject to Negative Procedure

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National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (SSI 2018/66)

Under item 4, our legal advisers have identified a number of errors in Scottish statutory instrument 2018/66 relating to ground (i), defective drafting, as well as other drafting errors relating to the general ground.

The following errors have been identified in relation to ground (i). On paragraph 33(3)(e) of schedule 6, which provides for a modification of the “NHS dispute resolution procedure”, the first occurrence of subparagraph (e) should be head (c) of the list in preceding subparagraph (19). The second occurrence of subparagraph (e) should be on a separate line, and is intended to be paragraph 33(3)(e).

The duties of the person nominated to work with the data protection officer in paragraph 70(2) of schedule 6 should refer to matters set out under paragraph 67(b) and (c), rather than paragraph 67(b) only.

Paragraph 89(3)(a) and paragraph 89(3)(b) of schedule 6 are intended to obligate the parties to attempt informal resolution and to bar them from beginning the more formal national health dispute resolution procedure until the less formal local dispute resolution process is attempted. As the health board that is a party to the contract is defined as “the Second Health Board”, the references in paragraph 89(3)(a) and paragraph 89(3)(b) should be to “the Second Health Board” rather than “the first Health Board”.

Paragraph 109(1) of schedule 6, which relates to the imposition of contract sanctions, ought to refer to all heads of paragraph 109(2).

There are missing paragraph references at the end of paragraph 110(5) of schedule 6, on termination of contract by the health board, which should refer to paragraphs 101 to 107.

The other errors that were identified by our legal advisers in relation to the general reporting ground will be set out in the committee’s report.

Does the committee wish to draw the regulations to the attention of the Parliament on ground (i) in respect of defective drafting, and on the general ground?

Members indicated agreement.

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National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018 (SSI 2018/67)

Our legal advisers have identified an error in the instrument relating to ground (i), defective drafting, as well as other drafting errors under the general ground.

Does the committee wish to draw the regulations to the attention of the Parliament on ground (i), as the provision in schedule 2, paragraph 26(3)(a) appears to be defectively drafted—a cross-reference to “paragraph 28(1) of schedule 2” is included, but the reference should be to “paragraph 26(1) or (2)”—and on the general ground, as there are other drafting errors in the instrument?

Members indicated agreement.

Does the committee wish to welcome the Scottish Government’s commitment to lay amending regulations in early course?

Members indicated agreement.

Does the committee wish to indicate that the Scottish Government’s quality control procedures ought to have avoided the high number of errors that appear in those instruments by the time that they were made and laid before the Parliament?

Members indicated agreement.

No points have been raised by our legal advisers on the following four instruments.

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Non-Domestic Rates (Levying) (Scotland) Regulations 2018 (SSI 2018/74)

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Non-Domestic Rates (New and Improved Properties) (Scotland) Regulations 2018 (SSI 2018/75)

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Non-Domestic Rates (Transitional Relief) Amendment (Scotland) Regulations 2018 (SSI 2018/76)

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Non-Domestic Rating (Unoccupied Property) (Scotland) Regulations 2018 (SSI 2018/77)

Is the committee content with the instruments?

Members indicated agreement.