Official Report 268KB pdf
Item 2 is on subordinate legislation subject to the negative procedure. The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2001 (2001/62) were originally circulated to members on 13 March and no comments have been received. The Subordinate Legislation Committee comments that the Executive has agreed to work towards consolidation of NHS regulations and that it would like progress to be made. No motion to annul the regulations has been lodged, therefore I suggest that the committee make no recommendation. Is that agreed?
Members indicated agreement.
The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2001 (2001/70) were also circulated on 13 March and no members have commented. The Subordinate Legislation Committee comments that, although several drafting defects have been acknowledged by the Executive, the committee still has concerns over the vires of new paragraph 3A of schedule 1, which it has drawn to the Executive's attention. No motion to annul the instrument has been lodged, therefore I suggest that the committee make no recommendation. Is that agreed?
Members indicated agreement.
The National Health Service (Personal Medical Services) (Scotland) Regulations 2001 (2001/72) were circulated on 13 March. No members have commented on them, nor has the Subordinate Legislation Committee. No motion to annul the instrument has been lodged, therefore I suggest that the committee make no recommendation. Is that agreed?
Members indicated agreement.
The National Health Service (Choice of Medical Practitioner) (Scotland) Amendment Regulations 2001 (2001/85) were circulated on 13 March and no members have commented on them. The Subordinate Legislation Committee's comments have been responded to satisfactorily by the Executive. No motion to annul the regulations has been lodged, therefore I suggest that the committee make no recommendation. Is that agreed?
Members indicated agreement.
The Specified Risk Material Amendment (No 2) (Scotland) Regulations 2001 (2001/86) were circulated on 13 March and no members have commented on them. The Subordinate Legislation Committee commented on the regulations and the Executive has provided a satisfactory response. No motion to annul the regulations has been lodged, therefore I suggest that the committee make no recommendation. Is that agreed?
Members indicated agreement.
The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2001 (2001/88) were circulated on 13 March. No members have commented on them and neither has the Subordinate Legislation Committee. No motion to annul the regulations has been lodged, therefore I suggest that the committee make no recommendation. Are we agreed?
Members indicated agreement.
The Meat (Hygiene and Inspection) (Charges) Amendment (Scotland) Regulations 2001 (2001/89) were circulated on 21 March. No members have commented on the regulations and neither has the Subordinate Legislation Committee. No motion to annul the regulations has been lodged, therefore I suggest that the committee make no recommendation. Is that agreed?
Members indicated agreement.
The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2001 (2001/100) were circulated on 21 March. No members have commented on the regulations and neither has the Subordinate Legislation Committee. No motion to annul the instrument has been lodged, therefore I suggest that the committee make no recommendation. Is that agreed?
Members indicated agreement.
The Restriction on Pithing (Scotland) Regulations 2001 (2001/73)—I had to be careful how I said that—were originally circulated to members on 22 March. No members' comments have been received—or, if they have, they are not printable. The Subordinate Legislation Committee comments:
The regulations will obviously be passed to the relevant committee. However, what will replace pithing, if anything? Pithing controls the animal and ensures not only that the abattoir staff are safe from kicking, but that the animal does not suffer greater pain—although it is a horrific practice in itself. Will the welfare of the animals be guaranteed by measures to ensure that they are totally dead? We might ask the relevant committee whether any replacement for pithing has been suggested that would also be a humane way of killing the animals.
I am informed that we are the relevant committee. As there is a problem with timing, the only thing that we can do is ask for clarification on the point that you raise.
Is that legitimate, convener? The regulations were circulated to members on 22 March, but no one commented on them.
The decision is mine. I suggest that the committee makes no recommendation, but I am happy to ask for clarification on behalf of the member. Is that agreed?
Members indicated agreement.