Devolved or reserved?
I understand some of you have received a negative response from your MSP, indicating that this is reserved matter.
To clarify:
Regulation of existing professions is reserved to Westminster but regulation of new professions is devolved to the Scottish Government. We fall into the latter category.
Hope that helps. Full references below.
Claire
“Devolution
16. It is open to the Scottish Parliament and the Northern Ireland Assembly to legislate separately for health professions which are not currently regulated, and to the UK Parliament to make separate provision for Wales.
17. While this is formally a joint consultation exercise on behalf of the Secretary of State for Health and the Scottish Ministers, in line with statutory requirements, it has the support of all four UK Health Departments.”
Department of Health (2004) Regulation of herbal medicine and acupuncture: proposals for statutory regulation. The Stationary Office [Internet] European Herbal Practitioners Association. Available from http://www.ehpa.eu/pdf/DH_consultation_of_regn_of_hm_and_acu.pdf [Accessed 6th November 2009]
“25. Statutory Regulation and the Home Countries
Although this report was undertaken on behalf of the Department of Health (England), we have been anxious to ensure wide engagement with the Home Countries. Informal discussion has taken place with representatives from the Welsh Assembly, the Northern Irish Assembly and the, then, Scottish Executive now known as the Scottish Government. In Scotland, the regulation of existing health professions is reserved to Westminster but the Scottish Government does have the power to regulate new health professions.
Department of Health (2008) Report to Ministers from The Department of Health Steering Group on the Statutory Regulation of Practitioners of Acupuncture, Herbal Medicine, Traditional Chinese Medicine and Other Traditional Medicine Systems Practised in the UK. [Internet] European Herbal Practitioners Association. Available from http://www.ehtpa.eu/pdf/steeringgroup/steering_group_report_16june08.pdf [Accessed 6th November 2009]