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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 9 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 June 2022

Stuart McMillan

At the same time, is the committee content with the Scottish Government鈥檚 explanations provided for breaching the laying requirements in respect of SSI 2022/212 and SSI 2022/213?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 June 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 June 2022

Stuart McMillan

The first instrument on which issues have been raised amends the Public Health etc (Scotland) Act 2008 to add monkeypox to the list of notifiable diseases and the monkeypox virus to the list of notifiable organisms. That will trigger duties on registered medical practitioners and laboratories to share specific information with health boards where they have reasonable grounds to suspect that a person whom they are attending has monkeypox or where the virus is detected during testing. The information will also be shared to the Common Services Agency and Public Health Scotland.

The instrument was laid on 16 June 2022 and came into force later that day. In correspondence with the Presiding Officer, the Scottish Government explained that a breach of the laying requirement had been necessary to ensure that registered medical practitioners and diagnostic laboratories would be placed under a duty to report incidences of the disease so that health boards can consider whether they need to use any of the powers under the 2008 act.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 28 June 2022

Stuart McMillan

Agenda item 3 is consideration of instruments not subject to parliamentary procedure. No points have been raised on the following instruments.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 28 June 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 28 June 2022

Stuart McMillan

Welcome to the 21st meeting in 2022 of the Delegated Powers and Law Reform Committee. Before we move to the first agenda item, I remind everyone present to switch their phones to silent.

Under the first agenda item, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 June 2022

Stuart McMillan

Agenda item 2 is consideration of six instruments subject to negative procedure. Issues have been raised on three of the instruments for failure to lay them in accordance with the requirements under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The 2010 act requires that instruments subject to negative procedure be laid at least 28 days before they come into force, not counting recess periods of more than four days.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 June 2022

Stuart McMillan

The second instrument on which issues have been raised amends the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 (SI 1989/364) by adding monkeypox to the list of diseases so that overseas visitors can be diagnosed and provided with treatment for monkeypox without charge. The regulations also correct one of the names already on the list of diseases.

The instrument was also laid on 16 June 2022 and came into force later that day. In correspondence with the Presiding Officer, the Scottish Government explained that a breach of the laying requirements had been necessary to ensure that there was no financial barrier to receiving treatment for monkeypox and that overseas visitors were not deterred from seeking treatment, thus reducing the risk to public health from symptomatic visitors. The Scottish Government also explained that the provisions would provide clarity to those responsible for making and recovering charges.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 June 2022

Stuart McMillan

I should say that, in relation to SSI 2022/206, the regulations correct a minor error in the Rural Support (Controls) (Coronavirus) (Scotland) Regulations 2022 (SSI 2022/107) following questions raised by the committee. The error highlighted by the committee has been resolved by the regulations before us this morning.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 28 June 2022

Stuart McMillan

This is the third instrument that breaches the 28-day rule. It corrects errors identified by the Scottish Government in the Sheriff Court Fees Order 2022 (SSI 2022/181), which was considered by the committee at its meeting on 14 June 2022 as part of a package of instruments that made provision in respect of court fees. The order amends some of the prescribed fees by increasing them by between 拢1 and 拢33. It also corrects a more significant error that would have resulted in a person paying a fee of more than 拢100 for any actions for payment of money over 拢200. As that was not the intention of the instrument, the amendment increases the figure to 拢300, which means that actions for payment of money up to 拢300 will incur an associated fee of around 拢20.

The instrument was laid on Tuesday 21 June and will come into force on Friday 1 July. In correspondence with the Presiding Officer, the Scottish Government explained that a breach of the laying requirements had been necessary to correct errors identified in SSI 2022/181.

In relation to the three instruments, does the committee wish to draw them to the attention of the Parliament on reporting ground (j) for failure to comply with laying requirements?

Members indicated agreement.