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Chamber and committees

Health and Community Care Committee, 25 Apr 2001

Meeting date: Wednesday, April 25, 2001


Contents


Subordinate Legislation

The Convener:

Agenda item 3 is subordinate legislation. The first instrument for consideration is the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2001 (SSI 2001/67), which was circulated to members on 6 April. No comments have been received from members. The Subordinate Legislation Committee notes that the Executive has agreed to work towards consolidation of the regulations. The Subordinate Legislation Committee would like progress to be made in that area and for the regulations to be drafted in plain English to make them intelligible to the lay reader—that probably means us as well. No motion to annul has been lodged, so I suggest that the committee make no recommendation in relation to the instrument. Do members agree to that suggestion?

Members indicated agreement.

The Convener:

The National Health Service (Dental Charges) (Scotland) Amendment Regulations 2001 (SSI 2001/69) were also circulated on 6 April. No comments have been received from members. The Subordinate Legislation Committee notes the Executive's comments regarding the breach of the 21-day rule and recommends that the Executive should make a particular effort to avoid that where an instrument is of direct relevance to the general public. No motion to annul has been lodged, so I suggest that the committee make no recommendation. Do members agree to that suggestion?

Members indicated agreement.

The Convener:

The Miscellaneous Food Additives (Amendment) (Scotland) Regulations 2001 (SSI 2001/103) were circulated on 13 March. No comments have been received from members, the Subordinate Legislation Committee has made no comments and no motion to annul has been lodged, so I suggest that the committee make no recommendation. Is that agreed?

Members indicated agreement.

The Convener:

The Feeding Stuffs (Sampling and Analysis) Amendment (Scotland) Regulations 2001 (SSI 2001/104) were circulated on 6 April. No comments have been received from members. The Subordinate Legislation Committee has raised the matter of doubtful vires, which means that the instrument raises a devolution issue. The Subordinate Legislation Committee intends to explore the matter further with the Executive. The Rural Development Committee has nothing to add. No motion to annul has been lodged, so I suggest that the committee make no recommendation. Is that agreed?

Members indicated agreement.

The Convener:

The National Assistance (Assessment of Resources) Amendment (No 2) (Scotland) Regulations 2001 (SSI 2001/105) was circulated on 6 April. No comments have been received from members. The Subordinate Legislation Committee has noted that, because of defective drafting, which the Executive has acknowledged, the Executive intends to revoke and remake the instrument. No motion to annul has been lodged, so I recommend that the committee make no recommendation. Is that agreed?

Members indicated agreement.

The Convener:

The National Health Service (General Medical Services) (Scotland) Amendment Regulations 2001 (2001/119) was circulated on 6 April. No comments from members have been received. The Subordinate Legislation Committee is happy with the instrument. No motion to annul has been lodged, so I recommend that the committee make no recommendation. Is that agreed?

Members indicated agreement.