Published 1st March 2016 SP Paper 920 6th Report, 2016 (Session 4) Web

Health and Sport Committee Subordinate Legislation

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Contents

The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 [draft] 1 The Pharmacy (Premises Standards, Information Obligations etc.) Order 2016 [draft] 2

Health and Sport Committee Subordinate Legislation, 6th Report, 2016 (Session 4)

Health and Sport Committee

To consider and report on health policy, the NHS in Scotland, sport and other matters falling within the responsibility of the Cabinet Secretary for Health, Wellbeing and Sport, and measures against child poverty.

scottish.parliament.uk/healthandsport

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Follow the Health and Sport Committee @SP_HealthSport Health and Sport Committee Subordinate Legislation, 6th Report, 2016 (Session 4)

Committee Membership

Convener Deputy Convener Duncan McNeil Bob Doris

Malcolm Chisholm Rhoda Grant Scottish Labour Scottish Labour

Colin Keir Richard Lyle Scottish National Party Scottish National Party

Mike MacKenzie Nanette Milne Scottish National Party Scottish Conservative and Unionist Party

Dennis Robertson Scottish National Party

Health and Sport Committee Subordinate Legislation, 6th Report, 2016 (Session 4)

The Committee reports to the Parliament as follows—

1. At its meeting on 23 February 2016 the Committee considered the following instruments:

 The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 [draft]

 The Pharmacy (Premises Standards, Information Obligations etc.) Order 2016 [draft]

The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 [draft]

2. The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 [draft] was laid before the Parliament on 18 January 2016. The instrument is subject to the affirmative procedure.

3. 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”).

4. 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.

5. 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.

6. At its 11th meeting 2016, held on 23 February 2016, the Health and Sport Committee considered the instrument. The Official Report for this meeting can be found at—

http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10388

7. The Committee noted that the Delegated Powers and Law Reform Committee had not made any comments on the instrument.

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Health and Sport Committee Subordinate Legislation, 6th Report, 2016 (Session 4)

8. The Committee took evidence on the instrument from the Minister for Public Health.

9. The Minister for Public Health moved motion S4M-15463—

That the Health and Sport Committee recommends that the Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 [draft] be approved.

10. The motion was agreed to.

The Pharmacy (Premises Standards, Information Obligations etc.) Order 2016 [draft]

11. The Pharmacy (Premises Standards, Information Obligations etc.) Order 2016 [draft] was laid before the Parliament on 19 January 2016. The instrument is subject to the affirmative procedure.

12. 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).

13. At its 11th meeting 2016, held on 23 February 2016, the Health and Sport Committee considered the instrument. The Official Report for this meeting can be found at—

http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10388

14. The Committee noted that the Delegated Powers and Law Reform Committee had not made any comments on the instrument.

15. The Committee took evidence on the instrument from the Minister for Public Health.

16. The Minister for Public Health moved motion S4M-15458—

That the Health and Sport Committee recommends that the Pharmacy (Premises Standards, Information Obligations etc.) Order 2016 [draft] be approved.

The motion was agreed to.

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