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National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2022 (SSI 2022/117)
Item 4 is the consideration of two negative instruments. The first of those is the National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2022. The instrument makes changes from 1 April 2022 to the employee contribution table, updating the earnings bands on which the employee contribution percentages are set. The instrument also makes temporary modifications to the National Health Service Pension Scheme (Scotland) (Regulations) 2015 that have a similar effect to section 46 of the Coronavirus Act 2020; following the expiry of that act, the instrument will temporarily extend those provisions until 31 October 2022. Section 46 of the act suspends certain rules that apply in the NHS pension schemes in Scotland so that NHS staff who have recently retired can return to work, and those who have already returned can increase their hours, without there being a negative impact on their pension entitlements.
The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 26 April 2022 and agreed to draw it to the attention of the Parliament on the following grounds. The committee draws the instrument to the attention of Parliament under the general reporting ground for a failure to follow proper drafting practice, as provision should have been made for regulations 2 to 5 to have retrospective effect rather than their coming into force prior to the instrument being made.
The committee also draws the instrument to the attention of Parliament under reporting ground (j) for failure to comply with laying requirements in accordance with the laying requirements in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.
There are therefore a couple of administrative points. No motions to annul have been received in relation to the instrument.?Do any members have comments?
As a declaration of interests, I say that I am an NHS doctor and am in the pension scheme.
I would have liked to have seen this go a bit further and help consultants and those in the NHS who cannot do extra work because of the pensions causing an issue, as we have seen in Wales. However, I understand that that is not part of the consultation.
As there are no other comments from members, I propose that the committee does not make any?recommendations in relation to the negative?instrument.?
Members indicated agreement.
National Health Service (General Medical Services Contracts and Primary Medical Services Section 17C Agreements) (Scotland) Amendment Regulations 2022 (SSI 2022/130)
The purpose of the second negative instrument is to require NHS boards to provide various services to support GP practices and to require GP practices to have a practice website and to offer certain online services to patients.
The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 26 April 2022 and made no recommendations. No motions to annul have been received in relation to the instrument.
Do any members have comments?
Again, I declare my interests as an NHS doctor working in primary care.
I put on record that, although I am supportive of us having online access, I want to ensure that people who struggle to get online do not feel that they are unable to access appointments, especially if they go exclusively online or the majority are online and so are no longer available when those people call in. We need to ensure that we find a balance.
I think that we would all be in agreement with that sentiment.
As there are no other comments from members, I propose that the committee does not make any?recommendations in relation to the negative?instrument.
Members indicated agreement.
At our next meeting on 10 May, the committee will take evidence from the Cabinet Secretary for Health and Social Care on Audit Scotland’s “NHS in Scotland 2021” report.
That concludes the public part of our meeting.
11:43 Meeting continued in private until 12:12.