Subordinate Legislation Committee, 19 Feb 2008

Meeting date: Tuesday, February 19, 2008

Official Report 100KB pdf

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Instruments Subject to Annulment

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National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008 (SSI 2008/27)

Rather than read out recommendations (a) to (f), I put it to members that we should ask the Scottish Government the questions as set out in the summary of recommendations. Before I raise that question formally with the committee, does anyone want to raise any points on the regulations?

Regulation 2(1) says that

"‘pilot scheme' shall be construed in accordance with section 1(1) of the National Health Service (Primary Care) Act 1997".

However, regulation 2(1) also mentions

"a dentist performing personal dental services in accordance with a pilot under Part I of the National Health Service (Primary Care) Act 1997".

I wonder whether "pilot scheme" and "pilot" are defined separately in the National Health Service (Primary Care) Act 1997, or whether "a pilot", to which regulation 2(1) refers on page 4, is exactly the same as "a pilot scheme", to which the same regulation refers on page 3. Can we ask the Government to inform us of the situation with regard to those definitions?

If there are no other points at this time, I ask our legal advisers whether the question can be fine tuned to bring out the point. [Interruption.] It has been indicated to me that it can, so we will proceed on that basis.

I read the recommendations with some interest, and it might be worth making the point in passing that there are quite a lot of points to raise about the regulations—members will have noted that. The sheer number of points is slightly concerning. It is uncharacteristic of the good drafting and attention to detail that we have seen hitherto. The regulations seem to be slightly ragged around the edges. Would that be a fair additional point to make, just to mark our concern? We might return to the matter during our discussions in private.

Members indicated agreement.

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Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2008 (SSI 2008/29)

Are we content to ask the Scottish Government questions (a) to (c), as set out in our summary of recommendations?

Members indicated agreement.

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Discontinuance of Legalised Police Cells (Scotland) Revocation Rules 2008 <br />(SSI 2008/35)

Are members content to ask the Scottish Government to explain the delay in laying the rules before the Parliament—the instrument was made on 7 February and laid on 12 February—and the breach of the 21-day rule? Are we satisfied with the Scottish Government's explanation for failure to comply with that rule? Are we content to ask the Scottish Government to clarify the vires for making the rules, as set out in the summary of recommendations?

Members indicated agreement.

Was there not an either/or question in there?

No. There were three straightforward questions.

I am sorry.

Are you happy?

Yes.

I am very much in members' hands if I make a slip. Thank heavens for the clerks; they keep me right.

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Home Detention Curfew Licence (Prescribed Standard Conditions) (Scotland) Order 2008 (SSI 2008/36)

Are we content to ask the Scottish Government questions (a) to (c), as set out in the summary of recommendations?

Members indicated agreement.

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Housing (Scotland) Act 2001 (Alteration of Housing Finance Arrangements) Order 2008 (SSI 2008/28)<br />Justice of the Peace Courts (Sheriffdom of Lothian and Borders) etc Order 2008 (SSI 2008/31)

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Non-Domestic Rate (Scotland) Order 2008 (SSI 2008/32)<br />Housing Revenue Account General Fund Contribution Limits (Scotland) Order 2008 (SSI 2008/34)

The committee agreed that no points arose on the instruments.

Members will note from the annex to the summary of recommendations that minor points arise in relation to SSI 2008/27, SSI 2008/28 and SSI 2008/35. Are members content that they should be raised informally with the Scottish Government?

Members indicated agreement.

I thank the members of the public, although we have none, and the official report.

Meeting continued in private until 15:05.