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Chamber and committees

Subordinate Legislation Committee

Meeting date: Tuesday, February 8, 2011


Contents


Draft Instruments subject to Approval


Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011 (Draft)

The Convener

Does the committee agree to report that the regulations contain a drafting error—the incorrect citation of the Nursing and Midwifery Order 2001—in the definition of a “registered nurse, midwife or health visitor” in regulation 1(2)(e)? We should welcome the Government’s undertaking to correct that drafting error immediately by a further order. The committee might also wish to report that there are further drafting errors in the form of the regulations, which could be corrected when the regulations are made. Does the committee agree to do that?

Members indicated agreement.


Healthcare Improvement Scotland (Inspections) Regulations 2011 (Draft)


Public Services Reform (Joint Inspections) (Scotland) Regulations 2011 (Draft)


Public Services Reform (Social Services Inspections) (Scotland) Regulations 2011 (Draft)

The Convener

Our legal team raised the same drafting error on these regulations. Do we agree to report that the regulations contain a drafting error—the incorrect citation of the Nursing and Midwifery Order 2001—in the definition of “registered nurse”? To be fair, we should welcome the Scottish Government’s commitment to correct the error immediately, as the definition is important, in that it is used to determine a class of persons who are entitled to conduct examinations and to inspect medical records. Is that agreed?

Members indicated agreement.


Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011 (Draft)


Proceeds of Crime Act 2002 Amendment (Scotland) Order 2011 (Draft)


Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011 (Draft)


Scottish Charitable Incorporated Organisations (Removal from Register and Dissolution) Regulations 2011 (Draft)


Waste (Scotland) Regulations 2011 (Draft)


Equality Act 2010 (Statutory Duties) (Scotland) Regulations 2011 (Draft)


Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2011 (Draft)


Housing Support Grant (Scotland) Order 2011 (Draft)


Marine Licensing Appeals (Scotland) Regulations 2011 (Draft)


Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 (Draft)


Marine (Scotland) Act 2010 (Transitional and Consequential Provisions) Order 2011 (Draft)


Cross-Border Mediation (Scotland) Regulations 2011 (Draft)


Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2011 (Draft)


Renewables Obligation (Scotland) Amendment Order 2011 (Draft)


Fundable Bodies (University of the Highlands and Islands) Order 2011 (Draft)


Fundable Bodies (Royal Conservatoire of Scotland) Order 2011 (Draft)

I am sure that Rhoda Grant—or, indeed, anyone in Scotland—will welcome the order on the University of the Highlands and Islands as much as I do.

Indeed I do.

Is the committee content with all those instruments?

Members indicated agreement.

The Convener

For the purposes of our annual report, I flag up the fact that, as the legal briefing mentions, non-gender-neutral language is used in the draft Scottish Charitable Incorporated Organisations (Removal from Register and Dissolution) Regulations 2011. If we put that in our annual report, it will show that we have not missed it. Is that okay?

Good—well done.

That subject is close to your heart.