Delegated Powers and Law Reform Committee

Meeting date: Tuesday, March 25, 2014

Official Report 332KB pdf

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Instruments subject to Negative Procedure

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Teachers’ Superannuation (Scotland) (Miscellaneous Amendments) Regulations 2014 (SSI 2014/69)

There is a minor drafting error in the definition of “short-service serious ill-health grant”, which is inserted by regulation 22(a) into the schedule 1 glossary of expressions in the Teachers’ Superannuation (Scotland) Regulations 2005 (SSI 2005/393). The definition is

“A grant payable under Regulation E21A”,

but the grant is payable under regulation E21.

Does the committee therefore agree to draw the regulations to the attention of the Parliament on the general reporting ground, as they contain a minor drafting error?

Members indicated agreement.

Does the committee agree to note, however, that the Scottish Government will correct that minor error by means of an amendment in due course?

Members indicated agreement.

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National Health Service (Charges to Overseas Visitors) (Scotland) (Amendment) Regulations 2014 (SSI 2014/70)

Regulation 2(5) amends schedule 2 to the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 (SI 1989/364) in such a way that the schedule does not contain an accurate list of the countries or territories with which the UK has a reciprocal healthcare agreement.

Does the committee agree to draw the regulations to the attention of the Parliament on the general reporting ground, as they contain drafting errors?

Members indicated agreement.

Does the committee agree to welcome the commitment given by the Scottish Government to amend schedule 2 at the next available opportunity to remove the entries for Bulgaria, the Czech Republic, the Russian Federation and Sweden?

Members indicated agreement.

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Health Professions Council (Registration and Fees) (Amendment) Rules 2013 Order of Council 2014 (SI 2014/532)

The order was not laid at least 28 days before it came into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The committee may wish to draw to the attention of the lead committee the Scottish Government’s explanation for the breach of the 28-day rule.

The committee may wish to accept that the limited frequency of Privy Council meetings may have an impact on the ability to comply with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 when orders are made at the council. However, in this instance, it has not been fully explained to the committee why the order could not be laid in sufficient time to comply with section 28(2), beyond the point that the timetable for finalising the order within the Department of Health slipped. The committee may wish to note that the Scottish Government and the Department of Health are liaising with a view to securing that future orders can comply with the rule where possible.

Does the committee agree to draw the order to the Parliament’s attention on reporting ground (j), as the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 have not been complied with?

Members indicated agreement.

Does the committee also agree to draw the Scottish Government’s explanation for the breach of the 28-day rule to the attention of the lead committee?

Members indicated agreement.

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National Health Service (Physiotherapist, Podiatrist or Chiropodist Independent Prescribers) (Miscellaneous Amendments) (Scotland) Regulations 2014 (SSI 2014/73)

The committee agreed that no points arose on the instrument.