Health and Sport Committee

Meeting date: Tuesday, December 20, 2016

Official Report 394KB pdf

Subordinate Legislation

National Health Service (Dietitian Supplementary Prescribers and Therapeutic Radiographer Independent Prescribers) (Miscellaneous Amendments) (Scotland) Regulations 2016 (SSI 2016/393)

Good morning and welcome to the Health and Sport Committee’s 16th meeting in session 5. I ask everyone in the room to ensure that their mobile phones are on silent. It is acceptable to use mobile devices for social media within the room, but I ask people not to take photographs or to film proceedings.

Agenda item 1 is subordinate legislation. We have two instruments that are subject to negative procedure to consider, the first of which is the National Health Service (Dietitian Supplementary Prescribers and Therapeutic Radiographer Independent Prescribers) (Miscellaneous Amendments) (Scotland) Regulations 2016 (SSI 2016/393). No motion to annul the regulations has been lodged. However, the Delegated Powers and Law Reform Committee drew them to the attention of the Parliament under reporting ground (h) on the basis that they could be made clearer in the following respects.

In regulation 3(b)(ii), the word “or” could be used instead of “and” at the end of subparagraph (f) of the definition of “prescriber” in regulation 2(1) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004. That would put it beyond doubt that the subcategories that are listed in that definition are alternatives and not cumulative. On the same basis, in regulation 6(b)(ii), the word “or” could be used instead of “and” at the end of subparagraph (f) of the definition of “prescriber” in regulation 2(1) of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004.

The Delegated Powers and Law Reform Committee has confirmed that the Scottish Government will make no changes. If there are no comments from members, does the committee agree to make no recommendation on the regulations?

Members indicated agreement.

Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Amendment Regulations 2016 (SSI 2016/401)

No motion to annul the regulations has been lodged and the Delegated Powers and Law Reform Committee has not made any comments on them. If there are no comments from members, does the committee agree to make no recommendation on the regulations?

Members indicated agreement.