Health and Sport Committee

Meeting date: Tuesday, February 27, 2018

Official Report 562KB pdf

Subordinate Legislation

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

Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Amendment (No 2) Regulations 2018 (SSI 2018/42)

Welcome to the seventh meeting of the Health and Sport Committee in 2018. I ask everyone to ensure that mobile phones are on silent, and not to record or photograph proceedings; we will record them for you.

Agenda item 1 is subordinate legislation. We have three instruments that are subject to negative procedure to consider. The first instrument is the Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Amendment Regulations 2018 (SSI 2018/16), and the second is the Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Amendment (No 2) Regulations 2018 (SSI 2018/42). It is no coincidence that they have similar names. No motion has been lodged to annul either of the instruments.

The Delegated Powers and Law Reform Committee commented on the first instrument because of a drafting error. The regulations are being introduced because of a change in legislation elsewhere; unfortunately, the date in the first instrument is 24 hours too late, so there would be a gap in provision. The DPLR Committee pointed that out to the Scottish Government, which has laid the second instrument in order to correct the error. This is the second time in a very few weeks that we have had a drafting error of that kind in an instrument. I am sure that the point will be well understood by those who are responsible for drafting such instruments.

As members do not have comments on either instrument, does the committee agree to make no recommendations on them?

Members indicated agreement.

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

There has been no motion to annul the instrument, and the Delegated Powers and Law Reform Committee has made no comments on it.

As members have no comments, does the committee agree to make no recommendations?

Members indicated agreement.