Draft Order laid before the Scottish Parliament under section 18(4) and (5) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003, for approval by resolution of the Scottish Parliament.
2010 No.
The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2010
Made
Coming into force in accordance with article 1
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3(2)(a) and 19 of the Public Appointments and Public Bodies etc. (Scotland) Act 20031 and all other powers enabling them to do so.
In accordance with section 18(4) and (5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
This Order may be cited as the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2010 and comes into force on the day after the day on which it is made.
Amendment of the list of specified authorities2
1
Schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (the specified authorities)2 is amended in accordance with the following paragraphs.
2
In the list headed “National Health Service bodies”, after “Common Services Agency for the Scottish Health Service” insert—
, but Part 1 does not apply in relation to the appointment of a member by the Scottish Ministers made under Schedule 5 to the National Health Service (Scotland) Act 19783 by virtue of the member being—
a
employed as an officer of the Common Services Agency for the Scottish Health Service,
b
a member of a body set up by the Common Services Agency for the Scottish Health Service which represents health care professionals, or
c
a member of a body set up by the Common Services Agency for the Scottish Health Service which represents Common Services Agency for the Scottish Health Service employees.
3
In the list headed “National Health Service Bodies”, after “any Health Board” insert—
, but Part 1 does not apply in relation to appointments made under Schedule 1 to the National Health Service (Scotland) Act 19784 of the following persons to a Health Board—
a
councillors appointed by the Scottish Ministers following nomination by local authorities in the area of the Health Board;
b
a member appointed by the Scottish Ministers by virtue of the member—
i
holding a post in a university with a medical or dental school,
ii
being employed as an officer of the Health Board,
iii
being a member of a body set up by a Health Board which represents health care professionals working in the Health Board area,
iv
being a member of a body set up by a Health Board which represents Health Board employees, or
v
being a member of a community health partnership established by virtue of section 4A of the National Health Service (Scotland) Act 19785.
4
In the list headed “National Health Service bodies”, after “any Special Health Board” insert—
, but Part 1 does not apply in relation to the appointment of a member by the Scottish Ministers made under Schedule 1 to the National Health Service (Scotland) Act 1978, as applied to each Special Health Board6 by virtue of the member being—
i
employed as an officer of the Special Health Board,
ii
a member of a body set up by a Special Health Board which represents health care professionals, or
iii
a member of a body set up by a Special Health Board which represents Special Health Board employees.
Amendment to the Health Boards (Membership and Elections) (Scotland) Act 20093
Paragraph 2 (the Public Bodies and Public Appointments etc. (Scotland) Act 2003) of the schedule to the Health Boards (Membership and Elections) (Scotland) Act 20097 is repealed.
(This note is not part of the Order)