Health, Social Care and Sport Committee [Draft]

Meeting date: Tuesday, September 26, 2023

Official Report 554KB pdf

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Subordinate Legislation

Good morning and welcome to the 27th meeting in 2023 of the Health, Social Care and Sport Committee. I have received apologies from David Torrance, and James Dornan is joining us as a substitute this morning.

The one item on our agenda is consideration of two negative instruments.

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National Health Service Pension Schemes (Remediable Service) (Scotland) Regulations 2023 [Draft]

The purpose of the first instrument is to implement the remedy to the reforms to the NHS pension scheme in Scotland under the Public Service Pensions and Judicial Offices Act 2022, in respect of pensions for NHS workers in Scotland.

The policy note states that the 2022 act

“requires schemes to make provision in regulations to deliver aspects of the remedy to address the impact of the rollback to the legacy scheme and to allow members to make a choice about their pension benefits for the period between 1 April 2015 and 31 March 2022.”

The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 19 September 2023 and draws the instrument to the attention of the Parliament under the reporting ground of failure to comply with the laying requirements in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The DPLR Committee is content with the Scottish Government’s explanation for that breach of the laying requirements.

The committee also draws the instrument to the attention of Parliament on the general reporting ground in respect of a number of cross-referencing errors. The committee notes that the Scottish Government proposes to address those matters in the next amending instrument.

No motion to annul has been lodged in relation to the instrument. I invite members to comment.

I draw members’ attention to the fact that, while I was an NHS Scotland employee, I paid into an NHS Scotland pension.

My comment is very similar. I worked for the NHS for a number of years and paid into the NHS pension scheme.

I draw members’ attention to my entry in the register of members’ interests—I am a practising NHS general practitioner, so I not only have a legacy pension but am paying into the current pension.

I, too, was previously a member of the NHS pension scheme.

I propose that the committee make no recommendations on the negative instrument.

Members indicated agreement.

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Sports Grounds and Sporting Events (Designation) (Scotland) Amendment Order 2023 (SSI 2023/257)

The purpose of the second instrument is to update the Sports Grounds and Sporting Events (Designation) (Scotland) Order 2014, which designated sports grounds, the classes of sporting events played at those grounds and the classes of sporting events outside Great Britain for the purposes of part II of the Criminal Law (Consolidation) (Scotland) Act 1995.

The policy note states:

“These changes are required in light of promotions to and relegation from the Scottish football pyramid and to ensure consistency of approach over the application of the alcohol and other controls framework set out in Part II of the 1995 Act.”

The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 19 September 2023 and made no recommendations in relation to the instrument.

No motion to annul has been lodged in relation to the instrument. Since members have no comments, I propose that the committee make no recommendation in relation to the negative instrument.

Members indicated agreement.

Immediately following this meeting, there will be a joint meeting on drugs policy, which will involve nominated members of the Health, Social Care and Sport Committee, the Social Justice and Social Security Committee, and the Criminal Justice Committee.

At the Health, Social Care and Sport Committee meeting next week, we will receive an update on the National Care Service (Scotland) Bill from the Minister for Social Care, Mental Wellbeing and Sport.

Meeting closed at 08:36.