Delegated Powers and Law Reform Committee

Meeting date: Tuesday, May 6, 2014

Official Report 263KB pdf

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Instrument not subject to Parliamentary Procedure

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National Health Service (Functions of the Common Services Agency) (Scotland) Amendment Order 2014 (SSI 2014/100)

We come to agenda item 4. The meaning of article 2(e) of the order, which inserts article 2(la) into the National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008 (SSI 2008/312), could be clearer in the respect that it specifies, as a further function of the Common Services Agency, the exercise of “the power” of the Scottish ministers under section 47 of the National Health Service (Scotland) Act 1978. The provision could be clearer, in so far as it is intended to confer on the CSA both the power of the ministers to act in accordance with the duty specified in section 47(1) of the 1978 act, although not the duty itself, which is exercised by each health board on behalf of the ministers in accordance with the Functions of Health Boards (Scotland) Order 1991 (SI 1991/570); and the powers of the ministers that are specified in section 47(2).

Does the committee therefore agree to draw the order to the attention of the Parliament on reporting ground (h), as the meaning of article 2(e) could be clearer?

Members indicated agreement.