HS/S5/17/21/A HEALTH AND SPORT COMMITTEE AGENDA 21st Meeting, 2017 (Session 5) Tuesday 26 September 2017 The Committee will meet at 10.00 am in the James Clerk Maxwell Room (CR4). 1. Subordinate legislation: The Committee will consider the following negative instruments— Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2017 (SSI 2017/287) The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2017 (SSI 2017/289) 2. Sport for Everyone: The Committee will take evidence from— Linda Macdonald, Innovation and Learning Manager, The Robertson Trust; Sheila Begbie, Director of Domestic Rugby/Interim Head of Women & Girls Rugby, Scottish Rugby; Andrea Cameron, Head of School of Social & Health Sciences, Abertay University; Kim Paterson, Sports Development Officer, Moray Council; Billy Garrett, Director of Sport and Events, Glasgow Life. 3. NHS Governance: The Committee will take evidence on staff governance from— Shona Robison, Cabinet Secretary for Health and Sport, Paul Gray, Director General Health & Social Care and Chief Executive NHSScotland, and Shirley Rogers, Director of Health Workforce and Strategic Change, Scottish Government. HS/S5/17/21/A 4. Sport for Everyone (in private): The Committee will consider the evidence heard earlier in the session. 5. NHS Governance (in private): The Committee will consider the evidence heard earlier in the session. David Cullum Clerk to the Health and Sport Committee Room T3.60 The Scottish Parliament Edinburgh Tel: 0131 348 5210 Email: [email protected] HS/S5/17/21/A The papers for this meeting are as follows— Agenda item 1 Note by the clerk HS/S5/17/21/1 Agenda item 2 PRIVATE PAPER HS/S5/17/21/2 (P) PRIVATE PAPER HS/S5/17/21/3 (P) Sport for Everyone Written Submissions HS/S5/17/21/4 Agenda item 3 PRIVATE PAPER HS/S5/17/21/5 (P) HS/S5/17/21/1 Health and Sport Committee 21st Meeting, 2017 (Session 5), Tuesday, 26th September 2017 Subordinate Legislation Briefing Overview of instruments 1. There are two negative instruments for consideration at today’s meeting: Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2017 (SSI 2017/287) The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2017 (SSI 2017/289) Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2017 (SSI 2017/287) Background 9. These Regulations amend the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 (“the 2007 Regulations”) consequent to amendments made by Commission Directive (EU) 2015/1787 amending Annexes II and III to Council Directive 98/83/EC as regards the quality of water intended for human consumption (OJ L 260 7.10.2015, p.6) (“the Directive”). These Regulations transpose the provisions of the Directive only in respect of bottled drinking water which is marketed as spring water or bottled drinking water. The remaining provisions of the Directive are implemented by the Public Water Supplies (Scotland) Amendment Regulations 2017 and the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. 10. Regulation 2 removes the obligations on food authorities to check monitor and to audit monitor spring water and bottled drinking water in regulation 16 and schedules 9 to 11 of the 2007 Regulations. 11. A Regulatory Impact Assessment of the effect these Regulations will have on the costs of business, the voluntary sector and the public sector has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from Food Standards Scotland, Pilgrim House, Old Ford Road, Aberdeen, AB11 5RL. The policy note from the instrument is attached at Annexe A. 12. An electronic copy of the instrument is available at: http://www.legislation.gov.uk/ssi/2017/287/contents/made 13. There has been no motion to annul this instrument. 14. The Committee needs to report by 30 October 2017 Delegated Powers and Law Reform Committee consideration 15. The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 19 September 2017. The Committee determined that it did not need to draw the attention of the Parliament to this instrument on any grounds within its remit. HS/S5/17/21/1 The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2017 (SSI 2017/289) Background 16. These Regulations amend the National Health Service (General Dental Services) (Scotland) Regulations 2010 (“2010 Regulations”). The 2010 Regulations provide for arrangements under which general dental services are provided by Health Boards in Scotland in terms of the National Health Service (Scotland) Act 1978. In addition to minor and drafting amendments, the Regulations make a number of changes of substance which fall into 3 main categories: 1. The Regulations clarify the circumstances in which dentists applying to join sub-part A of the first part of a Health Board’s dental list require to have first undertaken mandatory training provided by NHS Education for Scotland (NES), and impose similar requirements on certain dentists applying to join the second part of a dental list. These amendments to the 2010 Regulations come into force on 26th October 2017 (regulations 3(1)(a), (g), (i) and (j), 4, 10, 12 and 13). 2. The Regulations replace the requirement on dentists to undertake clinical audit activities with a requirement to undertake quality improvement activities- a broader concept. These amendments to the 2010 Regulations come into force on 26th October 2017 (regulations 5 and 11(13)). 3. The Regulations insert deadlines by which estimates for prior approval and payment claims for treatment provided under general dental services must be submitted electronically and allow for certain forms or information to be provided by electronic communication. There are 4 separate dates on which these amendments come into force: 26th October 2017 (regulation 11(11)); 1st January 2018 (regulations 3(1)(b), (c), (e), (f) and (h) and (2), 7, 8, 9, 11(1) to (3), (4)(b) and (5) to (10)); 1st October 2018 (regulation 11(12)); and 1st January 2019 (regulations 3(1)(d), 6 and 11(4)(a)). The Policy note from the instrument is attached at Annexe B. 17. An electronic copy of the instrument is available at: http://www.legislation.gov.uk/ssi/2017/289/contents/made 18. There has been no motion to annul this instrument. 18. The Committee needs to report by 30 October 2017 Delegated Powers and Law Reform Committee consideration 19. The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 19 September 2017. The Committee determined that it did not need to draw the attention of the Parliament to this instrument on any grounds within its remit. HS/S5/17/21/1 ANNEXE A POLICY NOTE THE NATURAL MINERAL WATER, SPRING WATER AND BOTTLED DRINKING WATER (SCOTLAND) AMENDMENT REGULATIONS 2017 SSI 2017 No. 287 1. Description 1.1 The above instrument was made by the Scottish Ministers in exercise of the powers conferred by sections 6(4), 16(1), 17(1), 26(1) (a) and (3), 31 and 48(1) of the Food Safety Act 1990 and all other powers enabling them to do so. This instrument is subject to the negative procedure. 2. Policy Objective 2.1 These Regulations are necessary to meet the following objectives: To amend the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 in relation to bottled drinking water which is marketed as spring water or bottled drinking water to: Transpose Commission Directive (EU) 2015/1787 in relation to an amendment to Annex II to Directive 98/83/EC on the quality of drinking water which takes effect from 27 October 2017. Enable the execution of the requirements of the Commission Directive. 3. Policy Background 3.1 The Natural Mineral water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007, as amended, implement Commission Directive (EU) 2015/1787 in relation to an amendment to Annex II to Directive 98/83/EC on the quality of drinking water, removing the need for check monitoring and audit monitoring by local authorities. 3.2 The EU legal requirements for check monitoring and audit monitoring have been removed because they have been superseded by the requirements in other food safety legislation introduced since 1998: i. The General Food Regulations 2004 prohibit a Food Business Operator (FBO) from producing food that is unsafe. This includes foods that contain certain ingredients or contaminants above safe levels. These Regulations enable the enforcement of Regulation (EC) 178/2002 which include the general principles and requirements of food law and procedures regarding food safety. ii. FBOs are required, under the Food Hygiene Regulations (Scotland) 2006 to produce a Food Safety management plan based on Hazard Analysis and Critical Control Point (HACCP) principles. This plan has to show how the FBO identifies and controls hazards. These Regulations enable the enforcement of Regulation (EC) 852/2004 on the hygiene of foodstuffs. iii. Local authorities, as food authorities, will still be required to carry out official controls inspections as required by Regulation (EU) 882/2004 to ensure the water is safe and complies with all relevant regulations. HS/S5/17/21/1 3.3 It is therefore proposed to amend regulation 16(2) of, and delete Schedules 9, 10 and 11 to our 2007 Regulations (as amended) to remove the requirement for check monitoring and audit monitoring. 3.4 In addition to the amendments described above, we are taking the opportunity to correct an error - Regulation 2 (f) corrects a duplication error in the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No 2) Regulations 2007 in relation to parameters for Tritium and Total Indicative Dose.