Health Committee, 21 Mar 2006

Meeting date: Tuesday, March 21, 2006

Official Report 152KB pdf

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Subordinate Legislation

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NHS Education for Scotland Amendment Order 2006 (SSI 2006/79)<br />Road Traffic (NHS Charges) Amendment (Scotland) Regulations 2006 (SSI 2006/84)

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Smoking, Health and Social Care (Scotland) Act 2005<br />(Consequential Amendments) Order 2006 (SSI 2006/95)<br />Fish Labelling (Scotland) Amendment Regulations 2006 (SSI 2006/105)

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National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2006 (SSI 2006/113)<br />National Assistance<br />(Sums for Personal Requirements) (Scotland) Regulations 2006 (SSI 2006/114)

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National Health Service (Tribunal) (Scotland) Amendment Regulations 2006 (SSI 2006/122)

Item 2 is subordinate legislation. The committee is asked to consider seven Scottish statutory instruments under the negative procedure. The Subordinate Legislation Committee raised no issues prior to today on SSI 2006/79, SSI 2006/84, SSI 2006/105, SSI 2006/113, SSI 2006/114 and SSI 2006/122.

We have received a note from the Subordinate Legislation Committee in respect of the Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Amendments) Order 2006 (SSI 2006/95). That committee asked the Executive a specific question about the instrument, although it does not really relate to the substance of the order. The question was to do with why the Executive had not used powers under the Town and Country Planning (Scotland) Act 1997, but had instead used the Smoking, Health and Social Care (Scotland) Act 2005. The Subordinate Legislation Committee was satisfied with the Executive's response. That is all that needs to be said.

No comments have been received from members, and no motions to annul any of the instruments have been lodged. Members obviously did not have the information from the Subordinate Legislation Committee regarding SSI 2006/95 until today, but I assume that nobody has any particular comments to make about it. I take it that nobody wishes to say anything about any of the instruments.

I hesitate to delay the committee, and I might have got this wrong, but, on the Fish Labelling (Scotland) Amendment Regulations 2006 (SSI 2006/105)—

We are all riveted, Euan.

Paragraph 2(b) of the schedule states that Salmo salar, which is the Atlantic salmon, becomes "smoked Pacific salmon" when it is smoked. Could we perhaps check that and make sure that the Executive has got the right ocean?

We would not wish to hold up the SSI because of that, but it is a fair point, I suppose.

Are we agreed that the committee does not wish to make any recommendation in relation to the seven SSIs?

Members indicated agreement.

We will follow up Euan Robson's point. I suspect that that might turn out to be a typo.

That ends our business as far as the public are concerned, so I ask those who are not directly involved in the next agenda item to leave.

Meeting continued in private until 15:52.