To be considered by the Committee
Instruments considered by the Committee
Affirmative Instruments
Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 [draft]
This Order amends the Protection of Vulnerable Groups (Scotland) Act 2007 (“the 2007 Act”) in consequence of the Public Bodies (Joint Working) (Scotland) Act (“the 2014 Act”).
The 2014 Act makes provision to require Health Boards and local authorities to enter into joint working arrangements for the purpose of integrating the provision of health and social care services. As part of those arrangements, and as set out in an integration scheme prepared for each local authority area under section 1 or 2 of the 2014 Act, certain statutory functions will be delegated by the Health Board or local authority, or by both of them. Amendments are made by this Order in consequence of those provisions of section 1, 9 and 15 of the 2014 Act which provide for the delegation of functions by Health Boards and local authorities.
Article 2 of this Order amends section 94 of, and schedules 2 and 3 to, the 2007 Act so that, references to the provision of a service by a local authority or Health Board are updated to include the circumstances where the statutory functions relating to the service have been delegated for the purpose of joint working arrangements under the 2014 Act. Article 3 of this Order makes a similar amendment to the Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Services) (Protected Adults) Regulations 2010.
This Order, principally, makes provision relating to the setting of standards for the safe and effective practice of pharmacy at registered pharmacies, and relating to the enforcement of those standards. Pharmacies have to be registered in the United Kingdom if a retail pharmacy business is carried on at those premises. In Great Britain they are registered by the General Pharmaceutical Council (GPhC) and in Northern Ireland by the Pharmaceutical Society of Northern Ireland (PSNI).
The Committee received written submissions from the Royal Pharmaceutical Society and the General Pharmaceutical Council.
The Mental Health (Detention in Conditions of Excessive Security) (Scotland) Regulations 2014 (Considered at 26th Meeting 2015)
The policy intention behind these regulations is to bring into effect the scheme provided for in the 2003 Act by extending the right to patients in the medium secure units.
Draft SSI: The Scottish Public Services Ombudsman Act 2002 Amendment Order 2015 (Considered at 21st Meeting 2014)
The Order adds Independent Living Fund Scotland to the schedule to the Scottish Public Services Ombudsman Act 2002. It gives the Scottish Public Services Ombudsman the power to investigate complaints made against ILF Scotland. ILF Scotland will be operational from 1 July 2015, and it is intended that its complaints procedures will be fully operational as soon as possible thereafter.
Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 [draft] This Order makes amendments, repeals and saving provision in consequence of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”).
The Schedule, which is given effect to by Article 2, contains amendments and repeals of primary and secondary legislation. Section 9 of the 2014 Act provides for the establishment, by order, of integration joint boards to which Health Boards and local authorities may delegate certain of their statutory functions relating to health and social care. Amendments are made in consequence of this power to establish integration joint boards. Amendments are also made in consequence of the provisions of sections 1, 9 and 15 of the 2014 Act which provide for the delegation of functions by Health Boards and local authorities.
The Schedule also contains amendments in consequence of the repeal of section 5A of the Social Work (Scotland) Act 1968 by section 71(1) of the 2014 Act. The definition of “community care services” provided in section 5A is replaced by a similar definition inserted into section 12A of the same Act. Legislative references to the section 5A definition are replaced with references to section 12A. Other references in enactments to section 5A are repealed.
General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 [draft] (considered at 8th Meeting 2015)
The Order establishes the Medical Practitioners Tribunal Service (MPTS) as a body, independent of the General Medical Council (GMC). The MPTS would appoint and train lay and medically qualified panellists. The MPTS would take on the task of appointing case managers and legal assessors as well as providing administrative support to hearings. We received written submissions from BMA Scotland and The Medical Defence Union.
On 1 April 2015, the Scottish Government provided a response to the questions raised by the Committee.
On 23 March 2016, the Scottish Government provided further details to clarify how the Order’s proposals would be implemented.
Draft SI The Health Care and Associated Professions (Knowledge of English) Order 2015 (considered at 8th Meeting 2015)
Current legislation does not allow the regulatory bodies to require evidence of a European applicant’s knowledge of the English language prior to registration even where the regulatory body has cause for concern. The NMC, GDC, GPhC and PSNI are able to carry out language controls on non-European applicants who wish to practise in the UK. This Order seeks to amend legislation to enable the relevant regulatory bodies to apply language controls, where appropriate, for European nurses, midwives, dentists, dental care professionals, pharmacists and pharmacy technicians.
Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2015 [draft] (considered at 8th Meeting 2015)
These Regulations mean 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.
In respect of personal care, personal support and care of a kind mentioned in schedule 1 of the Community Care (Personal Care and Nursing Care) (Scotland)Regulations 2002, the first £171 is not to be charged for (up from £169). Regulation 3 of the principal Regulations provides that the requirement not to charge for these types of care is only in respect of persons aged 65 or over.
In respect of nursing care, the first £78 is not to be charged for (up from £77).
Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 [draft]
This Order makes amendments, repeals and saving provision in consequence of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”).
The Schedule, which is given effect to by Article 2, contains amendments and repeals of primary and secondary legislation. Section 9 of the 2014 Act provides for the establishment, by order, of integration joint boards to which Health Boards and local authorities may delegate certain of their statutory functions relating to health and social care. Amendments are made in consequence of this power to establish integration joint boards. Amendments are also made in consequence of the provisions of sections 1, 9 and 15 of the 2014 Act which provide for the delegation of functions by Health Boards and local authorities.
The Schedule also contains amendments in consequence of the repeal of section 5A of the Social Work (Scotland) Act 1968 by section 71(1) of the 2014 Act. The definition of “community care services” provided in section 5A is replaced by a similar definition inserted into section 12A of the same Act. Legislative references to the section 5A definition are replaced with references to section 12A. Other references in enactments to section 5A are repealed.
Negative Instrument
Public Bodies (Joint Working) (Integration Joint Boards and Integration Joint Monitoring Committees) (Scotland) Amendment (No. 2) Order 2015 (SSI 2015/432)
This Order amends two instruments relating to the operation, membership and proceedings of integration joint boards and integration joint monitoring committees, which are established under the Public Bodies (Joint Working) (Scotland) Act 2014.
The Committee sought clarification on the Policy Note, the Scottish Government responded on 19 February 2016.
The Committee also wrote to the Minister for Parliamentary Business on the Scottish Government's approach to consultation responses, the Scottish Government responded on 23 February 2016.
National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2015 (SSI 2015/333) (Considered at 28th Meeting 2015)
The Regulations amend the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 (“the 1998 Regulations”), the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (“the 2003 Regulations”) and the National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2015.
Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2015 (SSI 2015/334) (Considered at 28th Meeting 2015)
These Rules amend rules 17A to 17C of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (“the principal Rules”). At present, Rules 17A to 17C of the principal Rules only extend to patients detained in a state hospital. These Rules amend the principal Rules to make provision in relation to patients detained in a qualifying hospital.
Public Bodies (Joint Working) (Integration Joint Board Establishment) (Scotland) Amendment (No. 2) Order 2015 (SSI 2015/266) (Considered at 25th Meeting 2015)
This Order amends the Public Bodies (Joint Working) (Integration Joint Board Establishment) (Scotland) Order 2015 (SSI 2015/88) to provide for the establishment of Integration Joint Boards for South Lanarkshire, West Lothian and Comhairle nan Eilean Siar council areas.
Public Bodies (Joint Working) (Integration Joint Board Establishment) (Scotland) Amendment (No. 3) Order 2015 (SSI 2015/321) (Considered at 25th Meeting 2015)
This Order amends the Public Bodies (Joint Working) (Integration Joint Board Establishment) (Scotland) Order 2015 (“the establishment Order”) in order to establish integration joint boards for the purposes of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”).
The Schedule to the establishment Order contains a list of integration joint boards established for specified local authority areas. Article 2 of this Order amends this list to insert details of seven integration joint boards to be established on 3 October 2015: Angus Integration Joint Board; Clackmannanshire and Stirling Integration Joint Board; Dumfries and Galloway Integration Joint Board; Dundee City Integration Joint Board; Falkirk Integration Joint Board; Fife Integration Joint Board and Perth and Kinross Integration Joint Board.
Self-directed Support (Direct Payments) (Scotland) Amendment Regulations 2015 (SSI 2015/319) (Considered at 25th Meeting 2015)
These Regulations amend the Self-directed Support (Direct Payments) (Scotland) Regulations 2014 (“the principal Regulations”), which make further provision about direct payments under the Social Care (Self-directed Support) (Scotland) Act 2013. They insert a new Part 6 into the principal Regulations in order to enable East Renfrewshire Council and Moray Council to make direct payments to persons for residential accommodation for a period of more than four consecutive weeks in any period of 12 months.
Regulation 10 of the 2014 Regulations currently prohibits direct payments for persons to whom a local authority has decided to provide or arrange for the provision of residential accommodation or residential accommodation with nursing for a period in excess of four consecutive weeks in any period of 12 months. These amendments are now made to allow a direct payment for residential accommodation to be offered by specifically East Renfrewshire Council or Moray Council. The amendments are designed to allow a pilot project to be carried out in order to assess the workability of direct payments in the context of residential care. The pilot councils will be permitted, but not required, to offer direct payments for residential accommodation. All other people out with the aforementioned local authority areas will continue to be ineligible to receive direct payments in residential accommodation; or residential accommodation with nursing for a period in excess of four consecutive weeks in any period of 12 months.
The initial test site work in East Renfrewshire and Moray started in January 2015 with learning and recommendations expected around January 2017. This work will help to inform national guidance on all of the SDS options in a residential context. It will also help inform Ministerial decisions on whether to allow direct payments to be used to purchase residential care, residential care services and as a mechanism to support residential provision across Scotland. The projects will be overseen by a national advisory group to ensure the learning has wider application and that the Scottish Government and its partners better understand the impacts of the SDS options on those involved including care users and carers, local authorities and providers.
Health and Care Professions Council (Registration and Fees) (Amendment) (No. 2) Rules Order of Council 2015 (SI 2015/1337) (Considered at 21st Meeting 2014). The purpose of the order is to increase the registration fees charged by the Health and Care Professions Council (HCPC) in respect of registration with it (initial, renewal, restoration and readmissions to the register) and scrutiny fees connected with registration.
National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2015 (SSI 2015/219) (Considered on 16 June 2015)
These Regulations amend the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 (“the 1998 Regulations”) which provide for payments to be made by means of a voucher system, in respect of costs incurred by certain categories of persons in connection with the supply, replacement and repair of optical appliances. These Regulations also amend the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 (“the 2006 Regulations”) which provide for arrangements in relation to general ophthalmic services under the National Health Service in Scotland, and for the preparation and maintenance by each Health Board of an Ophthalmic List.
Public Bodies (Joint Working) (Integration Joint Board Establishment) (Scotland) Amendment Order 2015 (SSI 2015/222) (Considered on 16 June 2015)
This Order amends the Public Bodies (Joint Working) (Integration Joint Board Establishment) (Scotland) Order 2015 (SSI 2015/88) to provide for the establishment of Integration Joint Boards for Argyll and Bute, East Lothian, Edinburgh City, Midlothian, Inverclyde, Renfrewshire, East Renfrewshire, West Dunbartonshire and East Dunbartonshire council areas.
National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2015 (SSI 2015/160) (Considered on 12 May 2015)
The Scottish Government abolished prescription charges in Scotland on 1 April 2011. Practice since then has been to charge the rate applied in England where a patient presents for dispensing in Scotland an English preescription form (unless the patient is ordinarily resident in Scotland and holds an Entitlement Card issued by a Health Board, in which case no charge will be made). The existing exemption criteria arrangements remain ensuring current reciprocal arrangements can continue whereby exempt patients presenting Scottish prescription forms in England can collect their medication free of charge and vice versa.
Certification of Death (Scotland) Act 2011 (Authorisation of Cremation – Death Outwith Scotland) Regulations 2015 (SSI 2015/162) (Considered on 12 May 2015) These Regulations make provision in respect of section 17(4) of the Certification of Death (Scotland) Act 2011 (“the Act”). This is to provide firstly for a form of certificate confirming the verification of foreign death certificates (Form X in the Schedule). Secondly, under section 18(4) of the Act there is provision for the determination by a medical reviewer as to whether it is safe to cremate the body of a deceased person who died outwith Scotland, but for whom an application has been received to be cremated in Scotland. This includes the application form for the determination and the certificate of authorisation (Forms Y and Z in the Schedule).
Certification of Death (Scotland) Act 2011 (Application for Review) Regulations 2015 (SSI 2015/163) (Considered on 12 May 2015) These Regulations provide for the process of review of a medical certificate of cause of death on the application of an interested party, under section 4(8) of the Act. Regulation 2 specifies the form and content of an application. Regulation 3 provides the information which a medical reviewer under the Act must provide on rejection of an application.
Certification of Death (Scotland) Act 2011 (Consequential Provisions) Order 2015 (SSI 2015/164) (Considered on 12 May 2015) The Order makes amendments to the Cremation (Scotland) Regulations 1935 in consequence of the Act. The Act replaces crematoria employed medical referees with independent medical reviewers, and provides for the documentation now required for disposal of the deceased in Scotland. The Order therefore makes consequential changes to the 1935 Regulations, in light of the Act’s reforms. Per the Policy Note, this replaces the existing “cremation only” scrutiny of cause of death documentation, and cremation legislation relating to the role of medical referees.
Certification of Death (Scotland) Act 2011 (Post-Mortem Examinations – Death Outwith United Kingdom) Regulations 2015 (SSI 2015/165) (Considered on 12 May 2015) The sole purpose of the Regulations is to specify the form and content of an application for assistance in the making of arrangements for post-mortem examinations, and for the meeting of the cost of such examination, under section 19 of the Act.
Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015 (SSI 2015/166) (Considered on 12 May 2015) The Act replaces the existing ‘cremation only’ scrutiny of cause of death documentation, as well the associated fees for this process, with a new process which will: introduce a single system of independent, effective scrutiny applicable to deaths that do not require a Procurator Fiscal investigation; improve the quality and accuracy of Medical Certificates of Cause of Death (MCCDs), and provide improved public health information and strengthened clinical governance in relation to deaths.
National Health Service Pension Scheme (Scotland) Regulations 2015 (SSI 2015/94) (Considered on 31 March 2015) These Regulations establish a career average re-valued earnings scheme for the payment of pensions and other benefits to and in respect of health service workers in Scotland.
This instrument implements reforms to the NHS pension scheme required under the Public Service Pensions Act 2013 and establishes a new pension scheme for health service workers in Scotland from 1 April 2015. This instrument forms part of a group of three instruments that together implement reforms to pension scheme arrangement for health service workers. The other two linked instruments are: the National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015 and the National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2015.
In 2010, the UK Government gave a commitment to review the long-term affordability and sustainability of public service pension schemes. Although the Scottish Ministers are responsible for making regulations covering the Scottish NHS Pension Scheme, overall occupational pensions policy remains reserved to Westminster.
Lord Hutton of Furness was commissioned to conduct a fundamental structural review of public service pension provision and in March 2011 he published his final report on the future of public service pensions. His recommendations were considered by the UK Government and were subsequently reflected in the 2013 Act which provides for: the end to current final salary pension schemes; establishing a link between normal pension age and state pension age; improvements to public sector scheme governance arrangements; that the reforms must be implemented by April 2015, and protection against the reforms for scheme members close to retirement. The provisions of the Act must be applied to the main public service schemes in Scotland.
Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015 (SSI 2015/202)
These Regulations are made under the Community Care and Health (Scotland) Act 2002. Together with section 5 of the 2002 Act they make provision in respect of the way in which residential accommodation and residential accommodation with nursing, is provided outwith Scotland (that is to say England, Wales or Northern Ireland), to persons by a local authority in fulfilment of their duties under sections 12 or 13A of the Social Work (Scotland) Act 1968 (“the 1968 Act”) or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”).
Honey (Scotland) Regulations 2015 (SSI 2015/208)
The Regulations regulate the labelling of honey, and the use of the names “honey”, “baker’s honey”, “blossom honey” and “nectar honey”, “chunk honey” and “cut comb in honey”, “comb honey” “drained honey”, “extracted honey”, “filtered honey”, “honeydew honey” and “pressed honey”.
Public Bodies (Joint Working) (Scotland) Act 2014 (Commencement No. 2) Amendment Order 2015 (SSI 2015/44 (C.8))
This Order amends the Public Bodies (Joint Working) (Scotland) Act 2014 (Commencement No.2) Order 2014 with regard to the commencement of section 65 (extension of schemes for meeting losses and liabilities of health service bodies) of the Public Bodies (Joint Working) (Scotland) Act 2014. Section 65 amends section 85B (schemes for meeting losses and liabilities etc. of certain health service bodies) of the National Health Service (Scotland) Act 1978.
Public Bodies (Joint Working) (Integration Joint Boards and Integration Joint Monitoring Committees) (Amendment) (Scotland) Order 2015 (SSI 2015/66) This Order makes minor amendments to two instruments made under the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”) to adjust drafting errors and remove inconsistencies in the instruments as originally made. The most significant amendments are described below.
Article 2 amends the Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Order 2014 to clarify that the chief officer of an integration joint board is to be a member of that board following their appointment to the role of chief officer (as provided for in section 10(1) of the 2014 Act). Article 2 also makes amendments to clarify the terms of articles 3 and 5 of that Order.
Article 3 amends the Public Bodies (Joint Working) (Integration Joint Monitoring Committees) (Scotland) Order 2014. Articles 3 and 5 of that Order are amended so that that they make consistent provision for the appointment of members of an integration joint monitoring committee.
Personal Injuries (NHS Charges) (Amounts) (Scotland) Amendment Regulations 2015 (SSI 2015/81)
These Regulations amend the Personal Injuries (NHS Charges) (Amounts) (Scotland) Regulations 2006 which make provision in relation to the amount of NHS charges which a person (who pays compensation to an injured person) is liable to pay, where that injured person has received National Health Service treatment or ambulance services.
Professional Standards Authority for Health and Social Care (Fees) Regulations 2015 (SI 2015/400) These Regulations provide for fees to be paid by the regulatory bodies mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (“the 2002 Act”), as amended by the Health and Social Care Act 2012 (c. 7). Section 25A of the 2002 Act, inserted by the 2012 Act, provides for the costs of the Professional Standards Authority for Health and Social Care (“the Authority”) (formerly the Council for Healthcare Regulatory Excellence) incurred in respect of its functions in relation to the regulatory bodies to be funded by fees imposed on those regulatory bodies by virtue of regulations under that section. Fees are determined by the Privy Council and paid to the Authority. Section 25A provides for a process of consultation and determination by the Privy Council of the Authority’s costs and for the fees which each regulatory body should be required to pay towards those costs. It also provides that the method for determining the amount of a fee is to be set out in regulations.
National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2015 (SSI 2015/86)
These Regulations amend the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 (“the 1998 Regulations”) which provide for payments to be made by means of a voucher system in respect of costs incurred by certain categories of persons in connection with the supply, replacement and repair of optical appliances.
Public Bodies (Joint Working) (Integration Joint Board Establishment) (Scotland) Order 2015 (SSI 2015/88) This Order establishes integration joint boards for the purposes of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”).
Article 2, together with the Schedule, makes provision for the establishment of integration joint boards in respect of the local authority areas listed. By virtue of the 2014 Act, once an integration joint board is established, it is to carry out such statutory health and social care functions as the local authority and health board for that area delegate to the integration joint board. Full provision for the delegation of functions and the local operation of each integration joint board is set out in an integration scheme prepared under section 1 or 2 of the 2014 Act, which has been approved by the Scottish Ministers in advance of the integration joint board being established.
National Health Service (Cross-Border Health Care) (Scotland) Amendment Regulations 2015 (SSI 2015/91) These Regulations amend the National Health Service (Cross-Border Health Care) (Scotland) Regulations 2013 (“the 2013 Regulations”).
They implement in Scotland Article 4 of Commission Implementing Directive 2012/52/EU of 20th December 2012, laying down measures to facilitate the recognition of medical prescriptions issued in another Member State. The 2013 Regulations implement in Scotland provisions of Directive 2011/24/EU of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare.
Regulation 2 inserts a new regulation 5A and a Schedule into the 2013 Regulations which places a duty on the National Contact Point (NHS 24) to ensure that information is made available to patients on the elements required to be included in prescriptions which are issued in one Member State and intended to be used in another Member State. The matters which must be included are set out in the new Schedule.
National Health Service Pension Scheme (Scotland) Regulations 2015 (SSI 2015/94) These Regulations establish a career average re-valued earnings scheme for the payment of pensions and other benefits to and in respect of health service workers in Scotland.
National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015 (SSI 2015/95) These Regulations make transitional and consequential provision in relation to the National Health Service Pension Scheme (Scotland) Regulations 2015 (“the new scheme”) for persons who have previous service under the National Health Service Pension Scheme contained in the National Health Service Superannuation Scheme (Scotland) Regulations 2011 and the National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 (“the old scheme”).
National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2015 (SSI 2015/96) These Regulations amend the National Health Service Superannuation Scheme (Scotland) Regulations 2011 (S.S.I. 2011/117) (“the 2011 Regulations”), the National Health Service Superannuation Scheme (Scotland) (2008 Section) Regulations 2013 (S.S.I. 2013/174) (“the 2013 Regulations”), the National Health Service (Scotland) (Injury Benefits) Regulations 1998 (S.I. 1998/1594) (“the IB Regulations”), the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 (S.I. 1998/1451) (“the AVC Regulations”) and the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003 (S.S.I. 2003/344) (“the Compensation Regulations”).
Food (Scotland) Act 2015 (Commencement) Order 2015 (SSI 2015/99 (C.19)) This Order appoints 1 April 2015 as the day on which the Food (Scotland) Act 2015, except sections 60 to 64, will come into force.
Section 60 relates to subordinate legislation, Section 61 to ancillary provisions, Section 62 to crown application, Section 63 to commencement and Section 64 to short title and all these sections came into force the day following Royal Assent, which was granted on 13 January 2015.
Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (SSI 2015/100) This Order makes provision in consequence of the Food (Scotland) Act 2015 (“the 2015 Act”). The Order comes into force on 1st April 2015.
Article 3 of, and the Schedule to, the Order make provision modifying secondary legislation. The modifications provided for are in consequence of provision in the 2015 Act which establishes Food Standards Scotland and provides that the relevant functions of the Food Standards Agency within the meaning of section 35 of the Food Standards Act 1999 c.28 cease to be exercisable in Scotland.
Articles 4 and 5 provide for transitional provisions.
National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2015 (SSI 2015/102) These Regulations amend the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000 (“the principal Regulations”). The principal Regulations establish the Clinical Negligence and Other Risks Indemnity Scheme (“the Scheme”) which makes provision for meeting liabilities and indemnity in respect of other financial loss by scheme members . By virtue of the principal Regulations, all Health Boards, other statutory health bodies and the Mental Welfare Commission must be members of the scheme.
These Regulations amend the provisions of the principal Regulations so that integration joint boards and local authorities may become members of the Scheme, and to adjust the liabilities of a Health Board that are covered by the scheme.
The Health and Care Professions Council (Registration and Fees) (Amendment) Rules Order of Council 2015 (SI 2015/93) (considered at 7th Meeting 2015)
The Order amends the Health and Care Professions Council (Registration and Fees) Rules as set out in the Health and Care Professions Order of Council 2003 (S.I. 2003/1572). The Order includes additional provisions in relation to the information that the Health and Care Professions Council may require (by notice at any time) to determine whether there is appropriate cover under an indemnity arrangement in force in relation to a registrant who is practising as a member of one of the relevant professions, or person seeking registration to practise.
Fish Labelling (Scotland) Amendment Regulations 2015 (SSI 2015/48) (considered at 7th Meeting 2015)
This instrument will provide for the enforcement of the new EU consumer information requirements for fishery products, which require that information on the equipment used to catch the fish, the date of minimum durability (as appropriate) and a more precise definition of farmed production area or catch area for fish caught at sea, must be available to consumers at the point of retail.
National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2015 (SSI 2015/64)
These Regulations amend the National Assistance (Assessment of Resources) Regulations 1992.
The principal Regulations concern the assessment of a person’s liability to pay for accommodation provided under the Social Work (Scotland) Act 1968 (“the 1968 Act”). By virtue of section 87(3) of the 1968 Act, accommodation provided under the 1968 Act or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 shall be regarded as accommodation provided under Part III of the National Assistance Act 1948.
National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2015 (SSI 2015/65) (considered at 7th Meeting 2015)
Section 22(4) of the National Assistance Act 1948 as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968 (“the 1968 Act”) requires a local authority to assume in assessing a person’s liability to pay for accommodation provided under the 1968 Act or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 that they will need for their personal requirements such sum per week as may be prescribed by regulations. These Regulations prescribe the sum which will be £25.05 per week.