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SCHEDULES

SCHEDULE 3Regulation 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 the profession to be regulated, persons appearing to him appropriate to represent those provided with services by the profession and any other persons appearing to him appropriate to consult about the draft.

(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—

(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.