Delegated Powers and Law Reform Committee

Meeting date: Tuesday, November 12, 2019

Official Report 461KB pdf

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Instruments subject to Negative Procedure

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Public Health Scotland Order (SSI 2019/336)

The first instrument for consideration under agenda item 4 is SSI 2019/336, which creates a new special health board that will be known as “Public Health Scotland” and dissolves NHS Health Scotland. It consolidates a number of health functions and confers them on the new board.

Schedule 1 modifies sections 13 and 13A of the National Health Service (Scotland) Act 1978 by inserting references to “Health Boards” in both sections. However, as those sections already make reference to “Health Boards”, the modification has the effect of repeating the term twice in each section.

Does the committee wish to draw the order to the attention of Parliament on the general reporting ground, because of duplication of the term “Health Boards” in sections 13 and 13A of the 1978 act?

Members indicated agreement.

Does the committee wish to call on the Scottish Government to correct that error when a suitable opportunity arises?

Members indicated agreement.

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Fishing Boats Designation (EU Exit) (Scotland) Order 2019 (SSI 2019/345)

SSI 2019/345 designates countries for the purposes of detailing access to fisheries for vessels from those countries after the UK’s exit from the EU.

Schedule 1 of the order contains a table that sets out the countries that are designated as having special fishing access arrangements for Scottish waters. Column 1 lists the designated countries, column 2 designates the areas in which vessels from the designated country are permitted to fish and column 3 provides descriptions of the sea fish that can be caught by vessels from designated countries in each of the designated areas.

In relation to the Republic of Ireland, column 2 of the table lists 4 designated areas. However, the third designated area does not have a corresponding description of the sea fish that could be caught in that area. It is therefore not immediately clear from the order what fish it is intended vessels will be permitted to catch in that area.

Does the committee wish to draw the order to the attention of Parliament under reporting ground (h), as the meaning of that provision could be clearer?

Members indicated agreement.

The entries in the table for the Netherlands and Norway appear to have been combined. It appears that the designated areas and the corresponding descriptions of sea fish that are applicable to vessels from the Netherlands have not been included in the schedule. That is a more significant error than the one in the entry for the Republic of Ireland, because it would cause confusion in establishing what access arrangements are intended to be provided to vessels from the Netherlands.

Does the committee therefore wish to draw the order to the attention of Parliament under reporting ground (i), as the drafting of that provision is defective?

Members indicated agreement.

Does the committee wish to welcome the Scottish Government’s commitment to remedy both the errors that have been identified in the order before it comes into force?

Members indicated agreement.

No points have been raised on the following six negative instruments.

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National Health Service (Charges to Overseas Visitors) (Scotland) (Amendment) (EU Exit) Regulations 2019 (SSI 2019/333)

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Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No 2) Regulations 2019 (SSI 2019/347)

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Waste (Miscellaneous Amendments) (Scotland) Regulations 2019 (SSI 2019/356)

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Firefighters’ Pension Scheme (Scotland) (Amendment) Regulations 2019 (SSI 2019/357)

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Firefighters’ Pension Schemes (Scotland) (Amendment) Order 2019 (SSI 2019/358)

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Robert Gordon University (Scotland) Order of Council 2019 (SSI 2019/375)

Is the committee content with the instruments?

Members indicated agreement.