Health and Community Care Committee,

Meeting date: Wednesday, May 31, 2000

Official Report 224KB pdf

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Subordinate Legislation

Good morning, minister. You are here to move a motion on an affirmative instrument, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2000 (SSI 2000/draft). Will you formally move that motion?

Good morning. Before I move the motion, I want to say a couple of things. I do not want to go through the whole order, but I will give a word of explanation.

The Scotland Act 1998 recognised that in some cases it would be appropriate for Scottish ministers to be able to exercise executive powers in areas in which primary legislation continues to be a matter for Westminster. The order covers one area that is of particular interest to the committee: the Nurses, Midwives and Health Visitors Act 1997.

The National Board for Nursing, Midwifery and Health Visiting for Scotland is an executive non-departmental public body. During the passage of the Scotland Act 1998, it had been assumed that control of the board would be devolved to the Scottish Parliament and Executive. That did not happen, as the board is part of the UK regulatory framework for the nursing professions, which is a reserved matter.

The UK Government and the Executive agree that, to give the board a particular Scottish role, responsibility for it should rest with Scottish ministers. Therefore, the purpose of the order in this area is to transfer to Scottish ministers all the ministerial functions under the Nurses, Midwives and Health Visitors Act 1997 as they relate to the National Board for Nursing, Midwifery and Health Visiting for Scotland.

I do not propose to talk about the other entries in the order, the details of which have been set out in the Executive note, but I am happy to respond to any comments that members may have.

Does anyone have any questions or points of clarification?

Can the minister confirm that the functions of the United Kingdom Central Council for Nursing, Midwifery and Health Visiting, which is the registration body, will remain with the UK? Will the board be able to determine the work—the appropriateness of particular tasks—of nurses and midwives?

The regulation will indeed remain with the UKCC, which is a reserved body under the Scotland Act 1998. The most important function of the board is probably nursing and midwifery education. As the Executive note explains, it is intended that the board will be abolished in autumn next year, when it will be replaced by a Scottish nursing and midwifery education council, which will bring education in these professional areas clearly under devolved responsibility.

That is helpful.

If there are no more points, I shall ask the minister to move the motion formally.

Motion moved,

That the Parliament's Health and Community Care Committee in consideration of The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2000 (SSI 2000/draft) recommend that the Order be approved.—[Iain Gray.]

Motion agreed to.

The next item relates to two negative instruments. The first is Food for Special Medical Purposes (Scotland) Regulations 2000 (SSI 2000/130). No motion has been lodged recommending that nothing further be done under the instrument. After consideration of the instrument, the Subordinate Legislation Committee determined that the attention of Parliament need not be drawn to it. I suggest that the committee should not make any recommendation in relation to this instrument. Is that agreed?

Members indicated agreement.

No motion has been lodged recommending that nothing further be done under the second negative instrument, the Colours in Food (Amendment) (Scotland) Regulations 2000 (SSI 2000/131). After consideration of the instrument, the Subordinate Legislation Committee determined that the attention of Parliament need not be drawn to it. Again, I suggest that the committee should not make any recommendation in relation to this instrument. Is that agreed?

Members indicated agreement.