Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 20, 2018

Official Report 403KB pdf

Instrument subject to Negative Procedure

National Health Service (General Medical Services Contracts and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2018 (SSI 2018/94)

The third item on our agenda is consideration of an instrument subject to negative procedure.

The regulations make various corrections to rectify errors that the committee reported on in its 10th report, published on 6 March. The regulations were laid before the Parliament on 14 March and come into force on 1 April. That does not respect the 28-day rule, which is 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 Scottish Government has explained in correspondence that the rule has been breached so that the various corrections could come into force timeously on 1 April.

Does the committee wish to draw the regulations to the attention of the Parliament on reporting ground (j), as they fail to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?

Members indicated agreement.

Does the committee find the failure to comply with section 28 acceptable in the circumstances outlined in correspondence from the Scottish Government to the Presiding Officer of 14 March 2018?

Members indicated agreement.