Official Report 416KB pdf
10:06
Under agenda item 3, we are considering 10 instruments. Issues have been raised on two of the instruments.
National Health Service (Functions of the Common Services Agency) (Miscellaneous Amendments) (Scotland) Order 2026 (SSI 2026/20)
This instrument dissolves NHS Education for Scotland and transfers its functions, property, rights, liabilities and obligations to the Common Services Agency for the Scottish health service. It also makes consequential and transitional provision.
In correspondence with the Scottish Government, published alongside the papers for this meeting, the committee asked about the consequential amendments and repeals that the instrument is making to primary legislation—in part 1 of the schedule to this instrument—and why the Scottish Government considers that the enabling powers permit this.
The Scottish Government advised that it is relying on section 105(7) of the National Health Service (Scotland) Act 1978 to make these consequential amendments and repeals. There is no express power to amend primary legislation in section 105(7) of the 1978 act. The committee’s report on subordinate legislation considered at today’s meeting will set out a fuller consideration of this response.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (g), on the basis that provisions in part 1 of the schedule have been made by what appears to be an unusual or unexpected use of the powers conferred by the parent statute, in the absence of an express power to amend primary legislation and in the absence of a fuller explanation from the Scottish Government?
Members indicated agreement.
Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2026 (SSI 2026/30)
In correspondence with the Scottish Government, published alongside the papers for this meeting, the committee asked why the amending provisions are not in the usual order, as the instrument inserts a new provision after rule 100, and then inserts a new provision after rule 93. The Scottish Government advised that this was due to a late drafting change.
Does the committee wish to draw this instrument to the attention of the Parliament under the general reporting ground, because the order in which the amending provisions appear in the instrument is not in line with standard drafting practice?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instruments.
Upper Tribunal for Scotland (Procedure Rules) (Miscellaneous Amendment) Regulations 2026 (SSI 2026/33)
First-tier Tribunal for Scotland (Procedure Rules) (Miscellaneous Amendment) Regulations 2026 (SSI 2026/34)
Mental Health Tribunal for Scotland (Practice and Procedure) (No 2) Amendment Rules 2026 (SSI 2026/35)
Qualifications Scotland (Strategic Advisory Council) (Establishment) Regulations 2026 (SSI 2026/36)
National Health Service (General Medical Services Contracts and Primary Medical Services Section 17C Agreements) (Miscellaneous Amendment) (Scotland) Regulations 2026 (SSI 2026/37)
Non-Domestic Rate (Scotland) Order 2026 (SSI 2026/39)
Non-Domestic Rating (Valuation of Utilities) (Scotland) Amendment Order 2026 (SSI 2026/44)
Police Service of Scotland (Vetting) Regulations 2026 (SSI 2026/46)
Is the committee content that no reporting grounds are engaged?
Members indicated agreement.