Subordinate Legislation Committee
Meeting date: Tuesday, October 26, 2010
Official Report
324KB pdf
Palliative Care (Scotland) Bill: Stage 1
The bill is a member’s bill, and there is no requirement for the member in charge to produce a delegated powers memorandum.
We are, however, required to consider and report on all proposed delegated powers. There are just two such powers in the bill and our advisers have kindly provided us with a briefing on them.
The proposed new section 48B(3) of the National Health Service (Scotland) Act 1978, “Reports to the Scottish Parliament”, confers on the Scottish ministers the power to modify the terms of schedule 9A (1) indicators. Unusually—it is possibly a historic first—the committee is being asked to downgrade that power from affirmative to negative procedure. There we are; that made you all sit up.
Do members agree to report that negative procedure would be the most appropriate in this case? Are we content with the powers to be conferred by the proposed new sections 48B(4), (5) and (6) of the National Health Service (Scotland) Act 1978?
Members indicated agreement.