Skip to main content

Contacting Parliament

We are experiencing intermittent issues with our telephone system. While we work to resolve this problem, please contact the Scottish Parliament and MSPs by email. We apologise for any inconvenience.  

Language: English / Gàidhlig

Main navigation
Loading…
Chamber and committees

Subordinate Legislation Committee, 23 Mar 2004

Meeting date: Tuesday, March 23, 2004

Official Report 195KB pdf

Contents

Instruments Subject to Annulment

Instruments Subject <br />to Annulment

Special Waste Amendment (Scotland) Regulations 2004 (SSI 2004/112)

Item 3 is consideration of instruments subject to annulment. Is there anything that we want to ask the Executive about SSI 2004/112?

What is meant by "producer return" in new regulation 15A(5)? The Executive does not tell us that. There are also some minor points.

We can deal with those in an informal letter. Are we content to ask the Executive that one major question?

Members indicated agreement.

National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (SSI 2004/114)

Is there anything on which we need further clarification?

Quite a lot.

The Deputy Convener:

Perhaps I should list what we need clarification on, given that we are talking about a new set of regulations. We are interested in knowing why regulations 7(1)(c) and 7(1)(d) and regulations 9(1)(c) and 9(1)(d) apply only in relation to convictions in the United Kingdom. The reference in regulation 7(5) to paragraph (3) does not seem quite right, and it may be that a reference to paragraph (4) was intended. We would like an explanation of why regulation 7(1)(f) provides that the health board must refuse to list a person if it is not satisfied that they have an appropriate knowledge of English, even though schedule 1 provides that only European Economic Area nationals are bound to submit with their applications evidence of their knowledge of English. There seems to be slight confusion over that. We will ask the Executive about those things.

There is another point as well, on transitional arrangements.

We want the Executive to explain what the position is on the preparation of an order containing transitional provisions, as referred to in, for example, regulation 3(1).

In addition to that, there are numerous drafting errors.

Absolutely. I think that we would call them "sadly numerous".

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 (SSI 2004/115)

Do we want to ask the Executive about anything in the regulations?

Christine May:

We do. It is interesting that the errors that have been pointed out to us are not contained in the English regulations, which were introduced nine weeks earlier than the Scottish regulations and could have formed a reference point, if the Executive had thought of that.

For example, the definition of "assessment panel" in regulation 2(1) contains substantive provision as to the membership of a panel. That membership provision has not been incorporated into a substantive provision, as it has in the English regulations. In paragraph (c) of the definition of "patient" in regulation 2(1), "immediately necessary treatment" is provided under regulation 15(6) by—heavens above! I got lost in the regulations themselves, and I am now getting lost in the difficulties that we have with them because of the complexity of the matter.

Of course.

Christine May:

Paragraph 1(9) of schedule 2 states:

"No … opt out notice may be served by a contractor prior to 1st April 2004."

How would that be possible, given that the regulations do not come into force until 1 April 2004? That condition works in England, because the English regulations came into force on 1 March.

In subparagraphs (14), (15) and (17) of paragraph 5 in schedule 2, the reference to

"where ... 1 January 2005 is nine months or more after the date of the out of hours opt out notice"

does not make sense because the regulations do not come into force until 1 April 2004, which is less than nine months from 1 January 2005.

In paragraph 18 of schedule 8, there is a reference to "paragraph 28", which does not seem to exist.

There are also footnote errors.

That is a fair catalogue of legitimate questions that we will want to ask the Executive.

National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 (SSI 2004/116)

Committee members should have a separate sheet on the regulations.

Unfortunately, convener, we have a separate three sheets, and I consider that it is the convener's job to read them out.

The Deputy Convener:

We have a number of things that we want the Executive to explain. There are eight such points, some of which are quite minor whereas others are more important. We will send that list to the Executive.

In addition to that list, there are nine further possible errors on which we might ask the Executive to comment and, in an informal letter, we will need to mention the minor errors that we have noted. I cannot be bothered counting them, but there is a seriously large number of them—perhaps 30 or so.

Perhaps we should make it a formal letter, then.

We should ask, with slight note of irritation in our voice, why there are quite so many errors.

Christine May:

I recently had a meeting with my local health board at which concern was raised about how the guidelines that are coming out make the implementation of the ethos of the Primary Medical Services (Scotland) Act 2004 difficult for boards and practitioners. There was a request that all the regulations be available for the committee to consider as that act made its passage through the Parliament. It was not thought that that was necessary, but, sadly, I think that it probably was.

The Deputy Convener:

It has to be said that this is a very big set of regulations, to be fair—although I do not want to be over-fair, given the number of mistakes. The regulations are almost like a book. However, we have a lot of questions to ask on just one instrument.

We will send the full list of our comments to the Executive, and someone will have the pleasure of answering them in detail.

Housing (Scotland) Act 2001 (Assistance to Registered Social Landlords and Other Persons) (Grants) Regulations 2004 <br />(SSI 2004/117)

The Deputy Convener:

The way in which paragraphs (m) and (o) of regulation 6 are drafted leads us to question whether they fall within the insolvency reservation that is set out in part II of schedule 5 to the Scotland Act 1998. The committee might wish to ask the Executive to comment on that.

I am sure that none of us would wish to stray into the reserved powers of the mother of Parliaments.

Particularly yourself, Alasdair.

We will definitely not stray.

Dairy Produce Quotas (Scotland) Amendment Regulations 2004 <br />(SSI 2004/118)

Christine May:

There is a query about a reference made to paragraph (6) of regulation 12 of the principal regulations for a definition of "exceptional circumstances". There is a complex series of references to various bits and pieces, which I think we should ask the Executive about. We should also ask why regulation 2, on interpretation, was thought necessary, given that the principal regulations are referred to only once by the present regulations.

Okay.

Tribunals and Inquiries (Dairy Produce Quota Tribunal) (Scotland) Order 2004 <br />(SSI 2004/119)

This is the first time in the meeting that I can speak these words: no points have been identified on the order.

Hallelujah!

Police Grant (Scotland) Order 2004 <br />(SSI 2004/120)

There is one point to raise on the order, which we could refer to the Executive. Alternatively, we could just deal with it informally.

We should be lenient on this one.

We should deal with it informally.

Okay. There is a further point about form, but we will deal with that by way of informal letter.

Police (Scotland) Amendment Regulations 2004 (SSI 2004/121)

There is nothing to raise on the regulations.

National Health Service (Tribunal) (Scotland) Amendment Regulations 2004 (SSI 2004/122)

There has been a fortnight between the previous regulations and the regulations before us, which are replacement regulations—at least, they amend the previous regulations. Why could we not have just had the whole lot?

Given that the new regulations are so short, we should at least ask for an explanation. There might be one, and we should ask for it. Is that agreed?

Members indicated agreement.

Criminal Legal Aid (Fixed Payments) (Scotland) Amendment (No 2) Regulations 2004 (SSI 2004/126)

I feel a declaration of interest coming on. [Laughter.] Does anyone have anything to say?

We should say that the Executive should make the regulations available free of charge, as they are replacement regulations.

Do we understand you to mean that your legal aid income was criminal, convener?

Anyway—moving swiftly on, thank you.

Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2004 (SSI 2004/128)

No points have been identified on the regulations.

Natural Mineral Water, Spring Water and Bottled Drinking Water Amendment (Scotland) Regulations 2004 (SSI 2004/132)

The regulations do not mention Dasani or bromate, so Coca-Cola is off the hook. There are no other points.

Thank you.

Jam and Similar Products (Scotland) Regulations 2004 (SSI 2004/133)

I am not sure what a "similar product" to jam is, but—

Marmalade.

Jellies, or preserves.

Indeed—but there is nothing to concern the committee.

Previous

Executive Responses

Next

Instruments Not Subject to Parliamentary Procedure

Back to Subordinate Legislation Committee