Health Sector Revocations
60. The Omnibus Bill provides an opportunity for the health sector to tidy up unused and unneeded regulations, orders in council, notices or bylaws. All of the proposed revocations are for law which is now redundant due to the passing of new laws in recent years.
61. The regulations no longer represent best practice within the health sector and left in place raise the potential for inconsistency in the application of the law. Revoking the regulations would provide consistency and clarity and reduce compliance costs and uncertainty for business. Proposed revocations are:
Chiropractors Order 2002 and 2003
62. These orders amended the First Schedule of the Chiropractors Act 1982, since repealed by the Health Practitioners Competence Assurance Act 2003. The Schedule lists recognised qualifications that are recognised for the purposes of registration as a chiropractor.
Medicines (Deferral of Expiry of part 7A) Order 2003
63. This order deferred by 2 years (until 2006) the expiry of Part 7A of the Medicines Act 1981 (which imposes restrictions on germ-cell genetic procedures, xenotransplantation, and cloning procedures). This Order was superseded by the Medicines (Deferral of Expiry of part 7A) Order 2006 which deferred the expiry of Part 7A of the Medicines Act to 31 December 2008.
Toxic Substances Act Commencement Orders 1979 and 1983
64. This Order could be revoked as the Act has been repealed.
Medical Practitioners Amendment Act Commencement Order 1996 (SR 1996/115)
65. This Order brought the Medical Practitioners Amendment Act 1994 into force on 1 July 1996, which was the same day the Medical Practitioners Act 1995 came into force. The Medical Practitioners Act 1995 repealed the Medical Practitioners Amendment Act 1994. By some oversight this Order was not revoked at the time.
Practicing Opticians Notice 1955
66. The effect of this notice is that a registered optician may describe himself, in any notice or advertisement permitted by the Practising Opticians Regulations 1942, as an optometrist, as well as using any other description that he is entitled to use under those regulations or under the earlier resolutions of the Board referred to in clause 3 of this notice. With the passage of the Health Practitioners Competence Assurance Act 2003, this notice is no longer required and should be revoked.
The Noxious Substances Notices 1958 (SR 1958/83) and 1959 (SR 1959/84)
67. Under these respective Notices, the following substances were declared to be noxious substances (and inserted in the Schedule to the Noxious Substances Regulations 1954): Endrin; Potassium arsenite; Sodium arsenite; Fluoroacetic acid and its derivatives; Fluoroacetamide and its derivatives Methyl bromide; Chloropicrin; Aldrin, except in preparations containing 1% or less of aldrin; Dieldrin, except in preparations containing 1% or less of dieldrin.
68. The intent of these Notices is effectively replaced by current legislation, namely the HSE and HSNO Acts and related regulations and guidance material.
Mental Hospitals Road Traffic Bylaws 1960
69. This Order could be revoked as it is outdated and relates to repealed legislation (the Transport Act 1949.)
Porirua Hospital Traffic Bylaws 1969
70. This Order could be revoked as it is outdated. It was made under the Transport Act 1962 which is to be repealed in 2009.
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