Subordinate Legislation Committee, 11 Sep 2001

Meeting date: Tuesday, September 11, 2001

Official Report 118KB pdf

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Nurse Agencies (Increase of Licence Fees) (Scotland) Regulations 2001 (SSI 2001/216)

This is another case where the Executive has breached the 21-day rule for no apparently good reason. We should, again, draw its attention to that.

I have been advised that the Executive is considering that matter as a general question, along with breaches in the 21-day rule. We keep picking those up. Practically everything in the briefing papers involves picking up breaches of the 21-day rule.

We are right to raise concerns about the 21-day rule. However, with regard to this sequence of instruments, we should note that the department concerned was heavily involved in a major bill. The work that was carried out on that bill forms a major part of its explanation of why it has breached the 21-day rule. We should take some cognisance of that fact.

We have said that we understand and are sympathetic. However, we have questions about whether the department had enough personnel to hand and other matters. The fact remains that rules are rules and this committee is supposed to keep them. Thank you, Bristow.

After such a long period of time, the increases in the fees provided for in the regulations might, without any staging, constitute an unusual or unexpected use of the enabling power. That is the same point that we have made previously.