2nd Report, 2013 (Session 4): Subordinate Legislation

SP Paper 274 (Web Only)

HC/S4/13/R2

2nd Report, 2013 (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:

Bob Doris (Deputy Convener)
Mark McDonald
Aileen McLeod
Duncan McNeil (Convener)
Nanette Milne
Gil Paterson
Dr Richard Simpson
Drew Smith
David Torrance

Committee Clerking Team:

Clerk to the Committee
Eugene Windsor

Senior Assistant Clerk
Rodger Evans

Assistant Clerk
Rebecca Lamb

Committee Assistant
Bryan McConachie

Subordinate Legislation

The Committee reports to the Parliament as follows—

Tobacco and Primary Medical Services (Scotland) Act 2010 (Incidental Provision and Commencement No.4) Order 2013

1. The Tobacco and Primary Medical Services (Scotland) Act 2010 (Incidental Provision and Commencement No.4) Order 2013 was laid before the Parliament on 7 February 2013. The instrument is subject to the affirmative procedure.

2. The order makes it an offence for a person who has the management or control of premises to have an automatic vending machine for the sale of tobacco products available for use.

3. At its 7th meeting 2013, held on 5 March, the Health and Sport Committee considered the Order.

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

5. The Committee took evidence on the instrument from the Minister for Public Health.

6. The Minister moved motion S4M-05715—

That the Health and Sport Committee recommends that the Tobacco and Primary Medical Services (Scotland) Act 2010 (Incidental Provision and Commencement No.4) Order 2013 [draft] be approved.

7. The motion was agreed to.

Social Care and Social Work Improvement Scotland (Requirements for Care Services) Amendment Regulations 2013

8. The Social Care and Social Work Improvement Scotland (Requirements for Care Services) Amendment Regulations 2013 were laid before the Parliament on 30 January 2013. The instrument is subject to the affirmative procedure.

9. The 2011 Regulations created an offence of providing a care service whilst the service was subject to various forms of insolvency procedure. These Regulations remove that offence and place a duty on a provider to notify Social Care and Social Work Improvement Scotland (commonly known as “the Care Inspectorate”) immediately upon an insolvency event (as defined in new regulations 6A, 6B and 6C).

10. At its 7th meeting 2013, held on 5 March, 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.

12. The Committee took evidence on the instrument from the Minister for Public Health.

13. The Minister moved motion S4M-05716—

That the Health and Sport Committee recommends that the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Amendment Regulations 2013 [draft] be approved.

14. The motion was agreed to.

Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2013

15. The Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2013 were laid before the Parliament on 7 February 2013. The instrument is subject to the affirmative procedure.

16. The Regulations provide that local authorities are not to charge for certain types of social care provided or secured by them. Regulation 2 of the principal Regulations modifies, for the purpose of charging, the meaning of accommodation provided under the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

17. At its 7th meeting 2013, held on 5 March, the Health and Sport Committee considered the Order.

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

19. The Committee took evidence on the instrument from the Minister for Public Health.

20. The Minister moved motion S4M-05713—

That the Health and Sport Committee recommends that the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2013 [draft] be approved.

21. The motion was agreed to.

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