Health Committee, 29 Jun 2004

Meeting date: Tuesday, June 29, 2004

Official Report 276KB pdf

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Subordinate Legislation

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Food Labelling Amendment (Scotland) Regulations 2004 (SSI 2004/269)<br />National Health Service<br />(Borrowing and Loans from Endowments) (Scotland) (No 2) Regulations 2004<br />(SSI 2004/284)

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National Health Service<br />(Transfer of Property between Health Boards) (Scotland) (No 2) Regulations 2004 (SSI 2004/285)<br />Mental Health Tribunal for Scotland (Appointment of Legal Members) Regulations 2004 (SSI 2004/286)

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National Health Service<br />(Vocational Training for General Dental Practice) (Scotland) Regulations 2004<br />(SSI 2004/292)<br />Regulation of Care (Scotland) Act 2001 (Transitional Provisions) Amendment Order 2004 (SSI 2004/293)

Item 2 is subordinate legislation. I ask members to look at paper HC/S2/04/18/4 and the six instruments that are subject to the negative procedure that are listed on the agenda. The Subordinate Legislation Committee made no comments on SSI 2004/284, SSI 2004/286 or SSI 2004/293.

The Subordinate Legislation Committee's comments on SSI 2004/269 have been circulated. Members now have papers on SSI 2004/285 and SSI 2004/292. No comments have been received from members, and no motions to annul have been lodged in respect of any of the instruments. Members may wish to comment about the two late reports from the Subordinate Legislation Committee. Does anyone wish to comment on SSI 2004/285 or SSI 2004/292?

I would like more time to digest the instrument. The transfer of property between health boards is an important issue that involves trust funds. It is hard to absorb the subject.

I am sorry. Which instrument do you mean?

I refer to the instrument on transfer of property in the national health service.

That is SSI 2004/292.

No. It is SSI 2004/285.

I do not know whether the comment from the Subordinate Legislation Committee is in the public domain yet. It states:

"The Committee … draws the attention of the lead Committee and the Parliament to this instrument on the grounds that there are doubts as to whether it is intra vires."

That is quite a serious criticism. Is the committee content to continue consideration of SSI 2004/285?

Members indicated agreement.

What about SSI 2004/292? Do members wish to make no recommendation on it or any of the other SSIs except SSI 2004/285?

Members indicated agreement.