SCHEDULES
SCHEDULE 8Extension of powers under s. 60 of Health Act 1999
I17
1
Paragraph 9 (preliminary procedure for making Orders) is amended as follows.
2
In sub-paragraph (1)(b)—
a
for “the profession”, where it first occurs, substitute “
any profession
”
, and
b
for “by the profession” substitute “
by any profession to be regulated
”
.
3
After sub-paragraph (1) insert—
1A
In the case of a draft Order which amends or repeals—
a
an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act, or
b
any other enactment that extends to Scotland and relates to matters falling within the legislative competence of the Scottish Parliament,
but does not contain provision of the kind mentioned in sub-paragraph (3), the persons consulted by the Secretary of State under sub-paragraph (1)(b) must include the Scottish Ministers.
4
In sub-paragraph (3) after “that Parliament” insert “
and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence
”
.