Health Committee, 15 Nov 2005

Meeting date: Tuesday, November 15, 2005

Official Report 165KB pdf

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Subordinate Legislation

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Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning)<br />(West Coast) (No 14) (Scotland) Order 2005 (SSI 2005/529) <br />Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning)<br />(West Coast) (No 13) (Scotland) Order 2005 (SSI 2005/520)

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Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No 2) (Scotland) Order 2005 (SSI 2005/548)

Item 2 on the agenda is subordinate legislation. The committee is asked to consider under the affirmative procedure three instruments relating to amnesic and paralytic shellfish poisoning. I welcome again the Deputy Minister for Health and Community Care and Chester Wood.

As is indicated in committee papers, the Subordinate Legislation Committee previously considered the first two instruments and made no comment on them. The remaining instrument was considered this morning and I am advised that that committee has made no comment on it, either.

As no member wishes to seek clarification about the instruments from the deputy minister or his official, and as no member has expressed a wish to debate the instruments, I invite the minister to move the motions.

Motions moved,

That the Health Committee recommends that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No 14) (Scotland) Order 2005 (SSI 2005/529) be approved.

That the Health Committee recommends that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No 13) (Scotland) Order 2005 (SSI 2005/520) be approved.

That the Health Committee recommends that the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No 2) (Scotland) Order 2005 (SSI 2005/548) be approved.—[Lewis Macdonald.]

Motions agreed to.

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Tryptophan in Food (Scotland) Regulations 2005 (SSI 2005/479)<br />Food Hygiene (Scotland) Regulations 2005 (SSI 2005/505)

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National Health Service<br />(Superannuation Scheme, Injury Benefits and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2005 (SSI 2005/512)<br />Mental Health Tribunal for Scotland (Practice and Procedure) (No 2) Rules 2005 (SSI 2005/519)

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National Assistance (Assessment of Resources) Amendment (No 2) (Scotland) Regulations 2005 (SSI 2005/522)

Next is consideration of five instruments that are subject to the negative procedure.

The Subordinate Legislation Committee previously considered the instruments and commented on three of them—SSI 2005/479, SSI 2005/505 and SSI 2005/522. Comments on the first two are reproduced in the abridged Subordinate Legislation Committee report. We have now received comments on SSI 2005/522 and an extract from the report has been published today. It includes the following information:

"The SLC asked the Executive why this instrument breached the 21-day rule and was informed that it became clear shortly before the October recess that payments made by the UK Government to older care home residents would be lost in charges under the current rules. As a result the decision was taken to breach the 21-day rule to ensure that such residents were not disadvantaged.

The SLC has accepted the explanation of the breach and therefore draws this point to the Health Committee's attention for information only."

No comments have been received from any member and no motion to annul has been lodged in respect of any of the instruments. Are we agreed that the committee does not wish to make any recommendation in relation to the instruments?

Members indicated agreement.