This Member’s Bill amends Part 3 of the Health and Social Care (Community Health and Standards) Act 2003. The 2003 Act allows the NHS to get the cost of hospital treatment back from someone who's responsible for causing an injury . The Bill would make it possible to get NHS costs back in cases of industrial disease.
Industrial diseases are diseases people get as a result of the work they do. For example, if the work involves being exposed to hazardous substances.
The Bill lets the Scottish Government calculate how much the hospital treatment has cost the NHS. The person responsible (usually the injured person’s employer or former employer) then has to repay that amount.
There will be no responsibility to repay the NHS costs if the harmful events happened before the Bill becomes law.
You can find out more in the Explanatory Notes document produced on behalf of Stuart McMillan MSP that explains the Bill.
Why the Bill was created
When someone develops a disease as a result of the work they're expected to do, the employer normally has to pay them compensation.
Stuart McMillan believes that, in such a situation, it is only fair that the employer should also pay for any hospital treatment required. He thinks that this will help the NHS, which is paid for by taxpayers. He also believes this will encourage employers to improve working conditions.
You can find out more in the Policy Memorandum document produced on behalf of Stuart McMillan MSP that explains the Bill.
The Member in charge of this Bill, Stuart McMillan MSP, sends the Bill and related documents to the Parliament.
Related information on the Bill
Why the Bill is being proposed (Policy Memorandum)
Explanation of the Bill (Explanatory Notes)
How much the Bill is likely to cost (Financial Memorandum)
Opinions on whether the Parliament has the power to make the law (Statements on Legislative Competence)
Information on the powers the Bill gives the Scottish Government and others (Delegated Powers Memorandum)
Stage 1 - General principles
Committees examine the Bill. Then MSPs vote on whether it should continue to Stage 2.
Stage 1 timetable
Who examined the Bill
Each Bill is examined by a 'lead committee'. This is the committee that has the subject of the Bill in its remit.
It looks at everything to do with the Bill.
Other committees may look at certain parts of the Bill if it covers subjects they deal with.
What is secondary legislation?
Secondary legislation is sometimes called 'subordinate' or 'delegated' legislation. It can be used to:
- bring a section or sections of a law that’s already been passed, into force
- give details of how a law will be applied
- make changes to the law without a new Act having to be passed
An Act is a Bill that’s been approved by Parliament and given Royal Assent (formally approved).