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Chamber and committees

Subordinate Legislation Committee, 20 Mar 2001

Meeting date: Tuesday, March 20, 2001


Contents


National Health Service (Choice of Medical Practitioner) (Scotland) Amendment Regulations 2001 (SSI 2001/85)

The Deputy Convener:

The regulations extend the arrangements under which a patient may apply to be included in a doctor's list of patients. Some departures from "Statutory Instrument Practice" have been drawn to our attention, particularly relating to the reference to "Directions to Health Boards Concerning Patient Lists (Personal Medical Services)" in regulation 2. Perhaps we should ask the Executive why, contrary to the usual procedure, the explanatory note does not give details of where one can obtain that publication. We might also ask why section 19 of the parent act, which appears to be a relevant enabling power has not been cited in the preamble.


National Health Service (Choice of Medical Practitioner) (Scotland) Amendment Regulations 2001<br />(SSI 2001/85)

The Deputy Convener:

The regulations extend the arrangements under which a patient may apply to be included in a doctor's list of patients. Some departures from "Statutory Instrument Practice" have been drawn to our attention, particularly relating to the reference to "Directions to Health Boards Concerning Patient Lists (Personal Medical Services)" in regulation 2. Perhaps we should ask the Executive why, contrary to the usual procedure, the explanatory note does not give details of where one can obtain that publication. We might also ask why section 19 of the parent act, which appears to be a relevant enabling power has not been cited in the preamble.


Specified Risk Material Amendment<br />(No 2) (Scotland) Regulations 2001<br />(SSI 2001/86)

The regulations are another amendment to the Specified Risk Material Regulations 1997. Several points have been raised in relation to the regulations. Would members like to take us through them?

Bristow Muldoon (Livingston) (Lab):

The main question regarding the regulations is why there appears to have been late implementation of community requirements. That question applies to several of the instruments that we have considered today, therefore we should raise it with the Executive.

Yes, the timing of implementation has been a recurring theme that we would like to explore.

Bristow Muldoon:

The other significant issue is the definition of the storage time for records. The instrument specifies that records should be kept

"for a period of not less than two years",

but it does not specify what the trigger point for those two years is. We could ask for further definition of that.

That needs to be clear. We could also ask the Executive to explain the purpose of paragraph (4B)(a) of regulation 24, which is not clear.

The regulations require consolidation.

The Deputy Convener:

Yes, we can ask about consolidation. Executive officials were previously kind enough to say that they understand the drive towards consolidation, so we can ask about it again.

There is a technical question of whether we are dealing with an order or a regulation. We assume that the Executive note refers to the SRM regulations and not the SRM order, but we will ask officials to confirm that.

Regulation 28 of the principal regulations makes provision regarding the storage of SRM with food. We would like the Executive to explain whether paragraphs (4A) and (4B) of the new regulation 24 will apply in the circumstances provided for in regulation 28(1) and 28(2).


Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions)(Scotland) Amendment Order 2001 (SSI 2201/87)

The order amends an earlier instrument to take account of the replacement of the Scottish Crime Squad by the operational and intelligence group of the Scottish Drug Enforcement Agency. No points arise on the order.


National Health Service (Optical Charges and Payments)(Scotland) Amendment Regulations 2001 <br />(SSI 2001/88)

The Deputy Convener:

There is a slight doubt regarding the vires of regulations 5 and 7, where it is not clear whether the enabling power allows the payments in question to be made by Scottish ministers. The matter must be discussed, but perhaps we can give the Executive the benefit of the doubt on this occasion. Are we agreed?

Members indicated agreement.


Meat (Hygiene and Inspection) (Charges) Amendment (Scotland) Regulations 2001 (SSI 2001/89)

No points arise on the regulations.


Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Regulations 2001 (SSI 2001/95)

Because of the urgency of the matter, perhaps we should make any points concerning the regulations in an informal letter. If members have no further points to raise, we will do that. Are members agreed?

Members indicated agreement.