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Chamber and committees

Subordinate Legislation Committee, 10 Feb 2004

Meeting date: Tuesday, February 10, 2004


Contents


Executive Responses


National Health Service (Transfer of Property between Health Boards) (Scotland) Regulations 2004 (SSI 2004/15)

The Convener:

Under item 2, we start with the National Health Service (Transfer of Property between Health Boards) (Scotland) Regulations 2004 (SSI 2004/15). Members will recall that two issues arose. First, there was an issue around the introduction of amending regulations. Secondly, there were some drafting issues. The drafting issues have been explained by the Executive, although perhaps not to our satisfaction. The first point, on when amending regulations might be expected, has not been addressed.

We do not have the time to write back to the Executive about the regulations, so we will need to raise with the lead committee the fact that we did not get any more word on the matter. We should voice our concerns about the four specific points that we raised with the Executive and about the explanations that we received.

Mr Maxwell:

We wrote to the Executive on various points concerning the regulations. Our main point—the fact that we were hoping for a timetable or date for the amending regulations—has been ignored completely, and we must bring that to the attention of the lead committee.

We do not seem to have moved too far forward in the explanations that we have received about the four points either, so it is important that we also document those points for the lead committee.

Members indicated agreement.


National Health Service (Borrowing and Loans from Endowments) (Scotland) Regulations 2004 (SSI 2004/16)

The Convener:

The committee will remember that, on the National Health Service (Borrowing and Loans from Endowments) (Scotland) Regulations 2004 (SSI 2004/16), we made exactly the same points about the introduction of amending regulations as on the preceding instrument, as well as some specific points. The point on the amending regulations will have to be made to the Executive again; we will also have to make the point that we do not feel that we have received satisfactory answers to the questions that we asked.

One of the main points of the regulations is to set a borrowing limit, and the fact that the drafting of that provision is defective raises the question of the point of the regulations, as they stand.

That is right.