Health and Sport Committee

Meeting date: Tuesday, January 17, 2017

Official Report 538KB pdf

Subordinate Legislation

Regulation of Care (Prescribed Registers) (Scotland) Amendment Order 2016 (SSI 2016/413)

Caseins and Caseinates (Scotland) (No 2) Regulations 2016 (SSI 2016/422)

Good morning, everyone, and welcome to the first meeting in 2017 of the Health and Sport Committee. I wish everyone a belated happy new year.

I ask everyone in the room to switch mobile phones either off or to silent mode. It is acceptable to use mobile devices for social media, but not for taking photographs, filming or recording.

As per the official agenda, we have already covered agenda items 1 to 4 in private. We move now to agenda item 5, which is subordinate legislation. We have two instruments that are subject to negative procedure to consider. The first is the Regulation of Care (Prescribed Registers) (Scotland) Amendment Order 2016 (SSI 2016/413). No motion to annul has been lodged and the Delegated Powers and Law Reform Committee has not made any comments on the order. As there are no comments from members, I ask the committee whether it agrees to make no recommendation on the order.

Members indicated agreement.

The second instrument is the Caseins and Caseinates (Scotland) (No 2) Regulations 2016 (SSI 2016/422). No motion to annul has been lodged, but the Delegated Powers and Law Reform Committee has commented on the regulations and has drawn them to Parliament’s attention on reporting ground (j). The regulations fail to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, although that does not affect their validity. The regulations were laid on 15 December and came into force on 21 and 22 December. They therefore do not respect the requirement that at least 28 days should elapse between the laying of an instrument that is subject to negative procedure and its coming into force. However, as regards its interest in the Scottish Government’s decision to proceed in that manner, the Delegated Powers and Law Reform Committee finds that failure to comply with section 28(2) to be acceptable in the circumstances.

Do members have any comments?

Members indicated disagreement.

Does the committee agree to make no recommendation on the regulations?

Members indicated agreement.