Official Report 632KB pdf
National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2024 (SSI 2024/38)
Our next item of business is consideration of subordinate legislation. The committee has four negative instruments before it today. The first is the National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2024. The purpose of the instrument is to increase, by 1.68 per cent overall, the value of NHS optical vouchers accepted or used by a supplier in Scotland on or after 1 April 2024. It also brings into effect various administrative changes relating to the provision of general ophthalmic services—otherwise known as GOS—on and after 1 April 2024.
The policy note states:
“NHS optical vouchers provide financial help towards the purchase of new glasses or contact lenses for eligible persons, including children aged under 16, those aged 16 to 18 and in qualifying full-time education, those on a low income and those who require complex lenses. Some people are also eligible for an NHS optical voucher for help with the cost of repairing or replacing glasses or contact lenses.”
The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 27 February and made no recommendations in relation to the instrument. No motion to annul has been received in relation to it. As no members have comments to make in relation to this negative statutory instrument, I propose that the committee does not make any recommendations in relation to it. Do all members agree?
Members indicated agreement.
National Health Service (Common Staffing Method) (Scotland) Regulations 2024 [Draft]
The second instrument is the National Health Service (Common Staffing Method) (Scotland) Regulations 2024.The purpose of the instrument is to specify the minimum frequency at which the common staffing method is to be used in relation to specific types of healthcare and the staffing level and professional judgment tools that must be used as part of the common staffing method for specified kinds of healthcare provision.
The policy note states that the instrument is required to specify that the common staffing method must be used no less than once annually in relation to certain types of healthcare. It also states:
“The regulations also specify the specialty-specific staffing level tools and the professional judgment tool that should be used as part of the common staffing method for specified kinds of healthcare provision. 10 specialty-specific staffing level tools are named in the instrument alongside the particular kind of healthcare provision for which each tool is to be used.”
The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 27 February 2024 and made no recommendations in relation to it. No motion to annul has been received in relation to it.
Members will note that the Royal College of Nursing wrote to the committee raising certain specific concerns in relation to the drafting of the instrument. The letter from the RCN also raises a number of wider issues that the committee may wish to consider as part of its future post-legislative scrutiny of the Health and Care (Staffing) (Scotland) Act 2019.
In relation to the correspondence that we have received, I propose that we write to the Scottish Government, requesting that it address the specific points that were raised by the RCN, and that we consider the instrument at a future meeting. Do members agree with the proposed action?
Members indicated agreement.
Personal Injuries (NHS Charges) (Amounts) (Scotland) Amendment Regulations 2024 (SSI 2024/44)
The third instrument that we are considering is the Personal Injuries (NHS Charges) (Amounts) (Scotland) Amendment Regulations 2024. The purpose of the instrument is to amend the Personal Injuries (NHS Charges) (Amounts) (Scotland) Amendment Regulations 2006. The instrument will increase the charges, otherwise known as NHS charges, that are recovered from persons who pay compensation—the compensators—in cases in which an injured person makes use of national health service hospital treatment or ambulance services.
The increase in charges relates to an uplift for hospital and community health services—HCHS—annual inflation. The policy note states that the instrument will allow for
“new NHS charges to apply in cases where compensation has been made in respect of incidents that occur on or after 1st April 2024”,
with NHS charges being
“revised annually ... to take account of the Hospital and Community Health Services ... pay and price inflation ... The Scheme is administered on behalf of Scottish Ministers by the Compensation Recovery Unit ... of the Department of Work and Pensions ... in accordance with an agency arrangement under section 93 of the Scotland Act 1998.”
The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 27 February 2024 and made no recommendations in relation to the instrument. No motion to annul it has been received.
No member has indicated that they wish to comment on the instrument. I invite the committee to agree that it does not wish to make any recommendations in relation to the instrument. Do members agree to that?
Members indicated agreement.
Social Care and Social Work Improvement Scotland (Cancellation of Registration and Relevant Requirements) Order 2024 (SSI 2024/45)
The fourth and final instrument is the Social Care and Social Work Improvement Scotland (Cancellation of Registration and Relevant Requirements) Order 2024. The purpose of the instrument is to ensure that the Care Inspectorate can propose to cancel the registration of a care service under section 64(1) of the Public Services Reform (Scotland) Act 2010 or report certain local authority-provided care services to Scottish ministers under section 91(3)(b) of the 2010 act, following a breach of section 7 and/or section 8 of the Health and Care (Staffing) (Scotland) Act 2019. The 2019 act will come into force on 1 April 2024.
The policy note states that the instrument specifies new grounds on which the Care Inspectorate
“may propose to cancel the registration of a care service, namely that the service is being, or has at any time been, carried on other than in accordance with section 7 and/or section 8 of the 2019 Act. It also specifies the requirements imposed by sections 7 and 8 of the 2019 Act as relevant requirements for the purposes of section 91(5)(c) of the 2010 Act.”
The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 27 February 2024 and made no recommendations in relation to the instrument. No motion to annul it has been received.
No member has indicated that they wish to comment on the instrument. I invite the committee to agree that it does not wish to make any recommendations in relation to this negative instrument. Do members agree to that?
Members indicated agreement.
At our next meeting, on 12 March, we will continue to take evidence as part of the committee’s stage 1 scrutiny of the Abortion Services (Safe Access Zones) Scotland Bill.
11:23 Meeting continued in private until 12:05.