Delegated Powers and Law Reform Committee

Meeting date: Tuesday, February 6, 2018

Official Report 318KB pdf

Instruments subject to Negative Procedure

Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Amendment Regulations 2018 (SSI 2018/16)

The first instrument for consideration under agenda item 3 is a set of regulations that amends the Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015 (SSI 2015/202) to reflect the fact that, as respects Wales, an “appropriate establishment” for the provision of residential accommodation outwith Scotland is

“a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over”.

Regulation 1 provides that the regulations will come into force on 3 April. It is intended that the commencement date should be 2 April, which is the commencement date of the provisions of the 2016 act that are referred to in regulation 2(2). The Scottish Government has undertaken to lay a further instrument that will revoke the regulations and substitute equivalent regulations, which would come into force timeously.

Does the committee agree to draw the regulations to the attention of the Parliament on the general reporting ground, as they contain an error in the date on which they will come into force?

Members indicated agreement.

Does the committee agree to note the Scottish Government’s intention to lay a further instrument to correct the error?

Members indicated agreement.

No points have been raised by our legal advisers on the following two instruments.

Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018 (SSI 2018/22)

Functions of Health Boards and Special Health Boards (Scotland) (Miscellaneous Amendments) Order 2018 (SSI 2018/27)

Is the committee content with the instruments?

Members indicated agreement.