This Member’s Bill amends Part 3 of the Health and Social Care (Community Health and Standards) Act 2003. The 2003 Act allows the NHS to get the cost of hospital treatment back from someone who's responsible for causing an injury . The Bill would make it possible to get NHS costs back in cases of industrial disease.
This is a Member's bill
The Bill was withdrawn on 22 December 2020
This Bill has been withdrawn after Stage 1 of the process to determine if it should become an Act.
This Member’s Bill amends Part 3 of the Health and Social Care (Community Health and Standards) Act 2003. The 2003 Act allows the NHS to get the cost of hospital treatment back from someone who's responsible for causing an injury . The Bill would make it possible to get NHS costs back in cases of industrial disease.
Industrial diseases are diseases people get as a result of the work they do. For example, if the work involves being exposed to hazardous substances.
The Bill lets the Scottish Government calculate how much the hospital treatment has cost the NHS. The person responsible (usually the injured person’s employer or former employer) then has to repay that amount.
There will be no responsibility to repay the NHS costs if the harmful events happened before the Bill becomes law.
When someone develops a disease as a result of the work they're expected to do, the employer normally has to pay them compensation.
Stuart McMillan believes that, in such a situation, it is only fair that the employer should also pay for any hospital treatment required. He thinks that this will help the NHS, which is paid for by taxpayers. He also believes this will encourage employers to improve working conditions.
Liability for NHS Charges (Treatment of Industrial Disease) (Scotland) Bill as Introduced (220KB, pdf) posted 09 March 2020
Explanatory Notes (180KB, pdf) posted 09 March 2020
Policy Memorandum (190KB, pdf) posted 09 March 2020
Financial Memorandum (223KB, pdf) posted 09 March 2020
Delegated Powers Memorandum (139KB, pdf) posted 22 September 2020
Statements on legislative competence (123KB, pdf) posted 09 March 2020
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Liability for NHS Charges (Treatment of Industrial Disease) (Scotland) Bill SPICe briefing
The Bill was introduced on 9 March 2020
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Health and Sport Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The consultation closed on 30 September 2020.
A Bill can be withdrawn by the minister, MSP, person, group or organisation that suggested the Bill. If a Bill has already finished Stage 1 then the Scottish Parliament must agree to the Bill being withdrawn.