Clause 178 - Transitional or transitory
Health and Social Care (Community Health and Standards) Bill
3:15 pm

Mr John Hutton (Minister of State, Department of Health; Barrow and Furness, Labour)

I beg to move amendment No. 632, in

clause 178, page 91, line 21, leave out

'in relation to Part 3'.

Mr Win Griffiths (Bridgend, Labour)

With this it will be convenient to discuss Government amendment No. 633.

Mr John Hutton (Minister of State, Department of Health; Barrow and Furness, Labour)

Again, these are minor, technical amendments that will allow any order-making transitional, supplementary or consequential provision under clauses 178 or 179 to modify an Act of the Scottish Parliament if necessary. That will allow, for example, cross-references to this Bill, should it be enacted, to be made in Scottish legislation.

Originally, it was thought that that would be necessary only in relation to part 3, but on further consideration we have decided that we cannot rule out the possibility that it may be necessary to make such provisions in relation to other parts of the Bill, such as part 4 and the welfare food provisions in part 5. The amendments are simply designed to enable us to do that if necessary.

Mr Chris Grayling (Epsom and Ewell, Conservative)

I have a quick question for the Minister. Is the amendment purely technical, or will it permit statutory changes to Scottish legislation? If so, that slightly goes against the devolution principle. Where is the line drawn with these powers?

Mr John Hutton (Minister of State, Department of Health; Barrow and Furness, Labour)

The amendment does not go against the devolution settlement. It is designed to reflect the proper division of responsibilities between the Scottish Parliament and Executive and the Westminster Parliament. This is about defining parameters and ensuring that the legislation is amended as provided for here in relation to matters that are not devolved.

Amendment agreed to.

Clause 178, as amended, ordered to stand part of the Bill.