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The Executive must have a great pool of precedent from which to draw in order to carry out the difficult task of establishing a fair set of rules for a new body that is seized with responsibility for a new task.
Furthermore, it has come to our attention that, following the original Forth bid, legal opinion switched. In the latest opinion, ship-to-ship transfer of oil at sea is excluded from devolved competence.
Mark Brough has told me that the regulations are already in force, as the instrument was laid under the negative procedure. That means that a new instrument will have to be laid.
The question concerns the interaction between schemes for establishing community health partnerships under new section 4A(1) of the National Health Service (Scotland) Act 1978, which is introduced under section 2 of the bill, and the regulations made by the Scottish ministers under new section 4A(5).