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Chamber and committees

Subordinate Legislation Committee, 23 Jan 2007

Meeting date: Tuesday, January 23, 2007


Contents


Instruments Not Laid Before the Parliament


Instruments Not Laid Before <br />the Parliament


Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (SSI 2007/6)<br />Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2007 (SSI 2007/7)


Health Act 2006 (Commencement No 1) (Scotland) Order 2007 (SSI 2007/9)

No substantive points arise on the instruments, but there are minor points on each that can be raised informally.


Health and Social Care (Community Health and Standards) Act 2003 (Commencement No 1 and Savings) (Scotland) Order 2007 (SSI 2007/10)

The Convener:

Our legal advisers have been in touch with the Executive about the order because an error in the interpretation of the enabling powers resulted in the Executive treating the order as subject to annulment. In fact, the order is not subject to any procedure, as is customary, and the Executive is amending the italic headings as a printing issue.

Are members content with the situation?

Members indicated agreement.

I have a small question. The legal brief refers to the "Secretary of State". Is that the Scottish Secretary or the Secretary of State for Health?

Margaret Macdonald (Legal Adviser):

It is the Secretary of State for Health.

Why is that?

Margaret Macdonald:

Because there are implications for social security tribunals. I have the reference somewhere.

We will double check that, Stewart, and put the answer on the record.

I was just curious about whether there was a slight error in the legal brief or whether there was a reason why the Secretary of State for Health was involved. If it is to do with social security tribunals, that is okay.

Margaret Macdonald:

The consent of the Secretary of State for Health is required under the parent act—the Health and Social Care (Community Health and Standards) Act 2003.

That is on the record.