Health and Community Care Committee, 28 Mar 2001
Meeting date: Wednesday, March 28, 2001
Official Report
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Subordinate Legislation
Agenda item 2 is subordinate legislation. The committee is asked to consider a negative instrument, the National Health Service (General Dental Services) (Scotland) Amendment Regulations 2001, which was originally circulated to members on 14 March. No comments on the instrument have been received from committee members.
The Subordinate Legislation Committee made the following comments on the instrument in its 13th report of this year:
"although section 28A of the parent Act is referred to in footnote (a), it was not cited as an enabling power."
The Executive explained that it did not consider section 28A to be an enabling power under which the instrument is made and that
"reference to section 28A was made in the footnote in error."
The Subordinate Legislation Committee also noted that
"regulation 2(1) refers to Schedule 2 ‘of' the principal Regulations rather than ‘to' those Regulations".
The Executive acknowledged that that was an error.
The instrument is drawn to the committee's attention on the ground that it is defectively drafted in those respects. No motion to annul the instrument has been lodged. I suggest that the committee does not wish to make any recommendation in relation to the instrument. Is that agreed?
Members indicated agreement.