SCHEDULES
SCHEDULE 3 Regulation of health care and associated professions
Preliminary procedure for making Orders
9
1
If it is proposed to lay a draft of an Order before Parliament, the Secretary of State must first—
a
publish a draft of an Order, and
b
invite representations to be made to him about the draft by persons appearing to him appropriate to represent F1any professionF5or any social care workers in England to be regulated, persons appearing to him appropriate to represent those provided with services F2by any profession F6or any social care workers in England to be regulated and any other persons appearing to him appropriate to consult about the draft.
F31A
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.
2
After the end of the period of three months beginning with the publication of the draft, he may lay the draft as published, or that draft with any modifications he considers appropriate, together with a report about the consultation before Parliament.
3
If any provision of a draft would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament F4and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence—
a
the Secretary of State’s duty under sub-paragraph (1) must be performed also by the Scottish Ministers, and
b
sub-paragraph (4) shall apply instead of sub-paragraph (2).
4
After the end of the period of three months beginning with the publication of the draft, the draft as published, or that draft with any modifications which the Secretary of State and the Scottish Ministers consider appropriate, may be laid before Parliament and the Scottish Parliament together with a report made by the Secretary of State and the Scottish Ministers about the consultation.