Official Report 518KB pdf
Under agenda item 3, we are considering two instruments. An issue has been raised on the following instrument.
National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2025 (SSI 2025/280)
The instrument creates exemptions from NHS charges for people who come to the United Kingdom for medical treatment under the Gaza medical evacuation scheme and for people who are authorised to accompany them, if the need for treatment arose during the visit.
This instrument falls to be reported to the Parliament under reporting ground (j), for a failure to lay the instrument in accordance with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The instrument was laid on 7 October 2025 and came into force on the next day, breaching the 28-day rule in the 2010 act, which requires that a negative instrument must be laid before the Scottish Parliament at least 28 days before it comes into force.
The 2010 act requires the Scottish Government to explain to the Presiding Officer why the laying requirements have not been complied with. The Scottish Government explained, in its letter dated 7 October, that the instrument was being brought into force on the next day in order to provide clarity to those who are responsible for making and recovering charges from overseas visitors, and to provide assurance to those who are in Scotland under the Gaza medical evacuation operation that no children under that operation or their accompanying persons will be charged for NHS services.
Does the committee wish to draw the instrument to the attention of the Parliament under reporting ground (j), for failure to comply with laying requirements, as it was not laid 28 counting days before it comes into force?
Members indicated agreement.
Is the committee content with the reasons provided for the failure to comply with the laying requirements?
Members indicated agreement.
Also under this agenda item, no issues have been raised on the following instrument.
Qualifications Scotland (Appointment of Initial Members) Regulations 2025 (SSI 2025/278)
Is the committee content with the instrument?
Members indicated agreement.
Air adhart
Draft Laid for Consultation