Health Committee, 28 Oct 2003

Meeting date: Tuesday, October 28, 2003

Official Report 187KB pdf

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Subordinate Legislation

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National Health Service<br />(Optical Charges and Payments) (Scotland) Amendment (No 3) Regulations 2003<br />(SSI 2003/431)<br />National Health Service<br />(General Ophthalmic Services) (Scotland) Amendment (No 2) Regulations 2003 <br />(SSI 2003/432)

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Food (Star Anise from Third Countries) (Emergency Control) (Scotland) Revocation Order 2003 (SSI 2003/437)<br />National Health Service<br />(General Medical Services) (Scotland) Amendment (No 3) Regulations 2003<br />(SSI 2003/443)

We move on to item 2 on the agenda—subordinate legislation. Members have before them four instruments for consideration under the negative procedure. The Subordinate Legislation Committee made no comment on the Food (Star Anise from Third Countries) (Emergency Control) (Scotland) Revocation Order 2003 (SSI 2003/437), but it did comment on the other instruments. As no member of this committee has any comments, I will make an observation on paper HC/S2/03/10/1 before I ask what the committee wishes to do. In relation to the National Health Service (Optical Charges and Payments) (Scotland) Amendment (No 3) Regulations 2003 (SSI 2003/431) and the National Health Service (General Ophthalmic Services) (Scotland) Amendment (No 2) Regulations 2003 (SSI 2003/432), the Subordinate Legislation Committee noted in its report:

"the principal 1998 Regulations … have now been amended on numerous occasions. The Executive is asked to indicate whether it has any plans to consolidate these instruments bearing in mind that in the past it has appeared to accept that consolidation on the fifth substantive amendment is reasonable practice."

There seems to be a habit of continual amendment. We have indicated concerns about going down that route with recent legislation on previous occasions. That point was well made by the Subordinate Legislation Committee and I wanted to draw attention to it.

As no members' comments have been received and no motions to annul have been lodged, can I take it that the committee does not wish to make any recommendation on the four aforementioned statutory instruments? Members have to say something—such as "Yes" or "No"—for the record, because nods and grimaces are not included in the Official Report.

Members indicated agreement.

That is fine—thank you.