1.In its letter to the Department of 3 March 2021, the Committee requested a memorandum on the following points:
(1) Explain the reasons for the commencement date.
(2) Identify the enabling power for the sub-delegation in inserted paragraph 2A(3) in each of paragraphs 2(2), 3(2), 4(2) and 5(2) of the Schedule.
2.The Department’s response to the Committee’s points is as follows.
3.In relation to point (1), the instrument was laid in the UK Parliament and the Scottish Parliament on 14 January 2021. The instrument came into force on 4 March 2021 to reflect the need to lay negative procedure instruments before the Scottish Parliament for at least 40 days before they come into force.
4.In relation to point (2), the Department accepts that the provisions in question give rise to the risk of unauthorised sub-delegation and will take steps to rectify this as soon as possible. The Department apologises to the Committee for this.
Department of Health and Social Care
9 March 2021