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.
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