Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011

My Lords, the draft order was laid before the House on 14 July 2011. Perhaps I may provide a brief explanation of what the order seeks to achieve. The order is made under Section 104 of the Scotland Act 1998—with which Members of the Grand Committee have become familiar—and allows for necessary or expedient changes to UK legislation in consequence of an Act of the Scottish Parliament. This order is made in consequence of the Public Services Reform (Scotland) Act 2010—which I shall refer to as the 2010 Act—and secondary legislation made under it. The Merits Committee of your Lordships’ House reviewed this order and has not noted it as being of special interest. The 2010 Act made provision for the reduction and simplification of public bodies in Scotland. The overarching purpose of the Act was to simplify and streamline the public bodies landscape in Scotland with the aim of delivering improved public services and better outcomes for the people of Scotland. The 2010 Act dissolved the Deer Commission for Scotland and transferred its functions to Scottish Natural Heritage. It also dissolved the Scottish Arts Council, transferring its functions, and those of Scottish Screen, to a new public body called Creative Scotland. The Act dissolved the Scottish Commission for the Regulation of Care. Its functions in care service scrutiny, the functions of the Social Work Inspection Agency, and the child protection functions of Her Majesty’s Inspectorate of Education in Scotland were transferred to a new public body called Social Care and Social Work Improvement Scotland. The functions of the Scottish Commission for the Regulation of Care concerning independent health care scrutiny and NHS scrutiny functions that were previously exercised by the special health board, Quality Improvement Scotland, were transferred to a new public body called Healthcare Improvement Scotland. The 2010 Act also made provision to dissolve the water customer consultation panels and abolish the position of convener of those panels. This order will ensure that United Kingdom legislation is updated to reflect the changes made in the 2010 Act. It will ensure that United Kingdom legislation can continue to operate when it interacts with the new devolved legislation and makes provision, as necessary, in relative enactments for the newly established bodies and procedures. For example, the order ensures that the Health and Social Care Act 2008 is updated to ensure that obligations on care home providers to comply with certain provisions of the Human Rights Act 1998 continue to apply where the care home is in Scotland. The order also ensures that the Representation of the People (Scotland) Regulations 2001 are updated so that a care home manager who is providing care to a resident in respect of that resident’s disability can continue to attest to and sign that resident’s application to vote by proxy. The modifications made to existing legislation by the order are of a technical nature. However, by the very fact that they are United Kingdom pieces of legislation, it is not within the competence of the Scottish Parliament to amend them. The modifications are required to ensure that existing legislation continues to operate effectively, by recognising the modifications that have been made to various pieces of legislation by the 2010 Act and subordinate legislation made under it. The order demonstrates this Government’s commitment to working with the Scottish Government to make the devolution settlement work. I hope the Grand Committee will agree that this order is a sensible use of the powers in the Scotland Act and that the practical result is to be welcomed. I commend the order to the Committee.