Joint Committee on Statutory Instruments Twenty-Sixth Report



TWENTY-SIXTH REPORT

FROM THE JOINT COMMITTEE OF BOTH HOUSES APPOINTED TO SCRUTINISE STATUTORY INSTRUMENTS, ETC.[1]

ORDERED TO REPORT:

  1. The Committee has considered the instruments set out in the Annex to this Report and has determined that the special attention of both Houses does not require to be drawn to any of them.

  2. A memorandum by the Ministry of Agriculture, Fisheries and Food in connection with the Marketing of Ornamental Plant Propagating Material Regulations 1999 (S.I. 1999/1801) is printed in Appendix I to this Report.

  3. A memorandum by the Department of Trade and Industry in connection with the Wireless Telegraphy (Licence Charges) Regulations 1999 (S.I. 1999/1774) is printed in Appendix II to this Report.

  4. A memorandum by the Department of Trade and Industry in connection with the Dual-Use and Related Goods (Export Control) (Amendment No. 2) Regulations 1999 (S.I. 1999/1778) is printed in Appendix III to this Report.



NATIONAL HEALTH SERVICE (GENERAL MEDICAL SERVICES) (SCOTLAND) AMENDMENT (NO. 3) REGULATIONS 1999 (S.I. 1999/1620)

  5. The Committee draws the special attention of both Houses to these Regulations on the grounds that they are defectively drafted in two respects.

  6. These Regulations further amend the National Health Service (General Medical Services) (Scotland) Regulations 1995. Footnotes (b), (c) and (d) on the first page of this instrument each identify a large number of earlier instruments (amending regulations from 1995, 1989 and 1988 respectively). The Committee asked the Scottish Executive Health Department which of the earlier listed instruments are "relevant" to the provisions of this instrument (Statutory Instrument Practice, paragraph 2.66) and to explain why the footnotes are not limited to these. The Department contend in the memorandum printed in Appendix IV that both footnotes (b) and (d) are correct, but they do say that there should be a further footnote in regulation 2, referring to S.I. 1996/1504, and that in footnote (c) only two of the eleven instruments listed are relevant (S.I.'s 1990/468 and 1995/2739). In fact, all of the footnotes contain references to instruments which are not relevant to the provisions of this particular instrument, and so the Committee reports on the ground that instruments which are not relevant to this instrument have been included in footnotes (b), (c) and (d).

  7. New paragraph 29B(1) of Schedule 1 to the 1995 Regulations (as inserted by regulation 2) requires a doctor, in the circumstances set out, to "request" any person making a relevant declaration on a prescription form. The Committee asked the Department to explain what the subject matter of the request is supposed to be, and whether any words have been omitted from the sub-paragraph. The Department reply that the subject matter of the request is evidence from the patient of his entitlement to exemption or remission from charges, and that the following words have been omitted from the sub-paragraph: "to provide evidence of the patient's entitlement to such exemption or remission". They apologise for the error and say that it will be corrected in Regulations to be laid before the Scottish Parliament later this year, and add that they have noted to make careful comparisons of drafts to avoid the possibility of similar errors in future. The Committee reports new paragraph 29B(1) of Schedule 1 to the 1995 Regulations for defective drafting, acknowledged by the Department.


1   The Orders of Reference of the Committee are set out in the First Report, Session 1998-99 (HL Paper 4; HC 50-i). Back


 
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