Health and Community Care Committee, 17 Apr 2002

Meeting date: Wednesday, April 17, 2002

Official Report 173KB pdf

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Subordinate Legislation

Agenda item 2 is consideration of subordinate legislation. This morning we will consider eight instruments that are subject to negative procedure.

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Road Traffic (NHS Charges) Amendment (Scotland) Regulations 2002 (SSI 2002/56)

The first instrument for consideration is the Road Traffic (NHS Charges) Amendment (Scotland) Regulations 2002 (SSI 2002/56). No members' comments have been received, and the Subordinate Legislation Committee has no comments to make on the instrument. No motion to annul has been lodged, so the recommendation is that the committee does not wish to make any recommendation in relation to the instrument. Is that agreed?

Members indicated agreement.

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Scottish Commission for the Regulation of Care (Appointments and Procedure) Regulations 2002 (SSI 2002/106)

The next instrument for consideration is the Scottish Commission for the Regulation of Care (Appointments and Procedure) Regulations 2002 (SSI 2002/106). Again, no comments have been received from members and the Subordinate Legislation Committee has made no comments on the instrument. No motion to annul has been lodged, so the recommendation is that the committee does not wish to make any recommendation in relation to the instrument. Is that agreed?

Members indicated agreement.

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Scottish Commission for the Regulation of Care (Staff Transfer Scheme) Order 2002 (SSI 2002/108)

The next instrument for consideration is the Scottish Commission for the Regulation of Care (Staff Transfer Scheme) Order 2002 (SSI 2002/108). No comments have been received from members. The Subordinate Legislation Committee has made some comments on the instrument. It states:

"in the Committee's view, the drafting of the scheme, in naming individuals, represents a somewhat unusual or unexpected use of the powers conferred by the parent Act that may also raise issues of respect for private life under Article 8 of the ECHR. To that extent, it may raise a devolution issue. The Committee therefore draws the instrument to the attention of the lead committee and the Parliament on these grounds."

Do we have any further information on why the Subordinate Legislation Committee has done that?

That is the committee's recommendation in its report. However, no motion to annul has been lodged.

We have no time to investigate the issues that the Subordinate Legislation Committee raises, but the committee has brought it to the Executive's attention for future reference. The recommendation is that the committee does not wish to make any recommendation in relation to the instrument. Is that agreed?

Members indicated agreement.

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Regulation of Care (Fees) (Scotland) Order 2002 (SSI 2002/112)

The next instrument for consideration is the Regulation of Care (Fees) (Scotland) Order 2002 (SSI 2002/112). No comments have been received from members and the Subordinate Legislation Committee has made no comments on the instrument. No motion to annul has been lodged, so the recommendation is that the committee does not wish to make any recommendation in relation to the instrument. Is that agreed?

Members indicated agreement.

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Regulation of Care (Applications and Provision of Advice) (Scotland) Order 2002 (SSI 2002/113)

The next instrument for consideration is the Regulation of Care (Applications and Provision of Advice) (Scotland) Order 2002 (SSI 2002/113). No comments have been received from members and the Subordinate Legislation Committee has made no comments on the instrument. No motion to annul has been lodged, so the recommendation is that the committee does not wish to make any recommendation in relation to the instrument. Is that agreed?

Members indicated agreement.

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Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 (SSI 2002/114)

The next instrument for consideration is the Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 (SSI 2002/114). No comments have been received from members and the Subordinate Legislation Committee has made no comments on the instrument. No motion to annul has been lodged, so the recommendation is that the committee does not wish to make any recommendation in relation to the instrument. Is that agreed?

Members indicated agreement.

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Regulation of Care (Registration and Registers) (Scotland) Regulations 2002 (SSI 2002/115)

The next instrument for consideration is the Regulation of Care (Registration and Registers) (Scotland) Regulations 2002 (SSI 2002/115). No comments have been received from members and the Subordinate Legislation Committee has made no comments on the instrument. No motion to annul has been lodged, so the recommendation is that the committee does not wish to make any recommendation in relation to the instrument. Is that agreed?

Members indicated agreement.

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Regulation of Care (Excepted Services) (Scotland) Regulations 2002 (SSI 2002/120)

The final instrument for consideration is the Regulation of Care (Excepted Services) (Scotland) Regulations 2002 (SSI 2002/120). No comments have been received from members and the Subordinate Legislation Committee has made no comments on the instrument. No motion to annul has been lodged, so the recommendation is that the committee does not wish to make any recommendation in relation to the instrument. Is that agreed?

Members indicated agreement.