Subordinate Legislation Committee, 30 Sep 2003

Meeting date: Tuesday, September 30, 2003

Official Report 92KB pdf

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Instruments Subject to Annulment

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Instruments Subject <br />to Annulment

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National Health Service (General Medical Services) (Scotland) Amendment (No 3) Regulations 2003 (SSI 2003/443)

There is quite a big consolidation issue with these regulations.

Without repeating what I said earlier, the issue of consolidation applies very much to the regulations.

We also ought to raise a point about the meaning of the word "applicable", as introduced under regulation 3(d) in new paragraph 29C(2)(a) of schedule 1 to the National Health Service (General Medical Services) (Scotland) Regulations 1995 (SI 1995/416). It is unclear, and that suggests that some of the conditions listed in the cross-referenced provision—which is in the National Health Service (General Medical Services) (Scotland) Amendment Regulations 1997 (SI 1997/943)—will not be relevant to the supplementary prescriber. Which conditions might not apply? In which circumstances might they not apply? Are conditions that are disapplied elsewhere included? There is little point in going through the convoluted part of the legal brief on this matter. When I was reading it, it took me a long time to work out what was what. The matter needs to be drawn to the Executive's attention, and questions need to be asked.

We will ask the Executive about the point that Christine May has raised.

There is a further point, about the period during which a doctor may be appointed to help a general practitioner in a practice and that doctor's references taken up. Periods of 14 days and seven days are referred to. Are those periods consecutive? Could they run at different times? Clarity is needed.

There is a further point to do with the various references to "paragraph" in regulation 3(a)(ii) to (vi), which should be references to "sub-paragraph".

Are we agreed on those points, which we will include in a letter to the Executive?

Members indicated agreement.

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Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No 2) Regulations 2003 (SSI 2003/445)

The big issue with these regulations is the lateness of implementation. What do members think about the answer that the Executive has issued?

We have already made a point that applies to these regulations.

We have already come across the issue of trying to ensure that legislation complies for the whole United Kingdom. In this case, we need to work with Westminster. We have to take on board the fact that there will be some delay as a result of that.

For the sake of consistency in our arguments, we should report on one instance of such lateness if we report on another. We might qualify that by accepting that there seem to be circumstances in this case that make it more sensible for implementation to be late. Nevertheless, the committee ought to be more consistent.

Yes. Being a chemist, I am interested in the next point. Regulations 2(6)(a) and 2(6)(b) refer to the heading "Aminotriazole (Amitrole)". There is a need for clarity on that.

Are those points agreed?

Members indicated agreement.

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Compulsory Purchase of Land (Scotland) Regulations 2003 (SSI 2003/446)

The legal adviser has drawn to our attention the numbering of the schedules to the regulations. Are we agreed that we should write an informal note on that?

Yes.

Are the any other points?

No.

This could turn out to be a quick meeting.

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Lands Tribunal for Scotland (Relevant Certificate) (Fees) Rules 2003 <br />(SSI 2003/451)<br />Lands Tribunal for Scotland Rules 2003 (SSI 2003/452)

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Title Conditions (Scotland) Act 2003 (Conservation Bodies) Order 2003 <br />(SSI 2003/453)

No substantial points arise on the instruments.