3rd Report 2012 (Session 4): Subordinate Legislation

SP Paper 99 (Web only)

HC/S4/12/R3

3rd Report, 2012 (Session 4)

Subordinate Legislation

Remit and membership

Remit:

To consider and report on health policy, the NHS in Scotland, anti poverty measures, equalities, sport and other matters falling within the responsibility of the Cabinet Secretary for Health, Wellbeing and Cities Strategy apart from those covered by the remit of the Economy, Energy and Tourism Committee.

Membership:

Jackson Carlaw
Bob Doris (Deputy Convener)
Jim Eadie
Mary Fee (until 21 December 2011)
Richard Lyle
Fiona McLeod
Duncan McNeil (Convener)
Gil Paterson
Dr Richard Simpson
Drew Smith (from 22 December 2011)

Committee Clerking Team: 

Clerk to the Committee
Douglas Wands

Senior Assistant Clerk
Rodger Evans

Assistant Clerk
Rebecca Lamb

Committee Assistant
Andrew Howlett

Subordinate Legislation

The Committee reports to the Parliament as follows—

Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012 [draft]

1. The Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012 [draft] were laid before the Parliament on 10 February 2012. The instrument is subject to the affirmative procedure.

2. The purpose of the Regulations is to make further provisions about the treatment time guarantee established by virtue of section 8 of the Patient Rights (Scotland) Act 2011 and set out how that guarantee is to operate in practice.

3. At its 11th meeting 2012, held on 20 March 2012, the Health and Sport Committee considered the Regulations.

4. The Committee noted that the Subordinate Legislation Committee had drawn the instrument to the Parliament’s attention on the basis that certain matters could have been more clearly expressed and that there had been a failure to follow normal drafting practice.1

5. The Committee took evidence on the instrument from the Cabinet Secretary for Health, Wellbeing and Cities Strategy.

6. The Cabinet Secretary moved motion S4M-02363—

That the Health and Sport Committee recommends that the Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012 [draft] be approved.

7. The motion was agreed to.

Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2012 [draft]

8. The Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2012 [draft] were laid before the Parliament on 17 February 2012. The instrument is subject to the affirmative procedure.

9. The purpose of the Regulations is to update the free personal and nursing care flat rate payments in care homes in line with inflation, from 1st April 2012.

10. At its 11th meeting 2012, held on 20 March 2012, the Health and Sport Committee considered the Regulations.

11. The Committee noted that the Subordinate Legislation Committee had not made any comments on the instrument.2

12. The Committee took evidence on the instrument from the Cabinet Secretary for Health, Wellbeing and Cities Strategy.

13. The Cabinet Secretary moved motion S4M-02364—

That the Health and Sport Committee recommends that the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2012 [draft] be approved.

14. The motion was agreed to.


Footnotes:

1 Scottish Parliament, Subordinate Legislation Committee 12th Report, 2011 (Session 4) Subordinate Legislation (SP Paper 91)

2 Scottish Parliament, Subordinate Legislation Committee 11th Report, 2011 (Session 4) Subordinate Legislation (SP Paper 85)

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