Health and Sport Committee
Meeting date: Tuesday, September 27, 2011
Official Report
458KB pdf
Subordinate Legislation
Public Services Reform (Scotland) Act 2010 (Consequential Modifications) (No 2) Order 2011 [Draft]
The second item on our agenda is to take evidence from the Minister for Public Health on an affirmative instrument. Members have received a cover note that sets out the purposes of the instrument, and I note that the Subordinate Legislation Committee had no comments to make on the instrument.
The minister is now joined by Alessia Morris, head of the sponsorship and social services improvement team, and Nicholas Duffy, solicitor in the food health and community care division, both from the Scottish Government. I invite the minister to make brief opening remarks on the instrument.
Thank you for the chance to say a few words about the order, which is subject to affirmative procedure as it amends primary legislation.
Earlier this year, the Parliament passed the Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011, which came into force on 1 April 2011. That order made consequential modifications to primary and secondary legislation in connection with the commencement of parts 5, 6 and 8 of the Public Services Reform (Scotland) Act 2010—the parts relating to the establishment of Social Care and Social Work Improvement Scotland, Health Improvement Scotland and the new regime of joint inspections.
The order before the committee today is a follow-up order to tidy up an omission from the original modification order. As soon as the omission was noticed, the Scottish Government took the first legislative opportunity to bring forward the order to carry out the required modifications, laying the instrument in draft on the first day of this parliamentary session.
The order requires that relevant parts of the Fire (Scotland) Act 2005 are updated in consequence of the changes brought in by the 2010 act. It is a short, technical order. It does not take forward any new policy; it simply updates the 2005 act to refer to the most up-to-date legislation. There was no effect to that reference having been missed from the original modification order, as the Interpretation and Legislative Reform (Scotland) Act 2010 applies to give it meaning. The order simply tidies up the statute book to take account of the passing of the Public Services Reform (Scotland) Act 2010.
I am happy to answer any questions that the committee has.
As the minister reminds us, we have the opportunity to ask him and his officials to respond to questions or to clarify technical issues.
As members have no questions, we move to agenda item 3.
Motion moved,
That the Health and Sport Committee recommends that the Public Services Reform (Scotland) Act 2010 (Consequential Modifications) (No.2) Order 2011 [draft] be approved.—[Michael Matheson.]
Motion agreed to.
I thank the minister and his officials for their attendance.
Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011 (SSI 2011/282)
Food Additives (Scotland) Amendment (No 2) Regulations 2011 (SSI 2011/305)
Extraction Solvents in Food Amendment (Scotland) Regulations 2011 (SSI 2011/306)
Item 4 is consideration of three statutory instruments. Members have received a note that sets out the purpose of each instrument. The Subordinate Legislation Committee commented that each set of regulations did not comply with the rule that a Scottish statutory instrument that is subject to the negative procedure must be laid at least 28 days before it comes into force.
Members have received the Subordinate Legislation Committee’s comments and related correspondence. Committee members have given no indication of any issues with the instruments. Do members agree that we wish to make no recommendation to the Parliament on the regulations?
Members indicated agreement.