xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
12. In regulation 2 of the Abolition of Domestic Rates (Domestic and Part Residential Subjects) (Scotland) Regulations 1988(1) (interpretation), in the definition of “private hospital” for the words from “a” to the end, substitute—
“—
(a)an independent hospital;
(b)a private psychiatric hospital;
(c)an independent clinic; or
(d)an independent medical agency,
within the meaning given to those expressions by section 10F(2) of the National Health Service (Scotland) Act 1978;”.
Commencement Information
I1Sch. 2 para. 12 in force at 1.4.2011, see art. 1
13. In the Common Services Agency (Membership and Procedure) Regulations 1991(2)—
(a)in regulation 1(2) (interpretation) after paragraph (c) insert—
“(ca)“HIS” means Healthcare Improvement Scotland established under section 10A of the Act;”;
(b)in regulation 2(3) (remuneration of membership) after “Board” insert “, HIS”;
(c)in regulation 3 (resignation and removal of members)—
(i)in paragraph (3)(a) after “Agency” insert “or HIS”; and
(ii)in paragraph (4) after “Agency,” insert “of HIS”; and
(d)in regulation 4(1)(e) (disqualification) after “Agency” insert “, under HIS”.
Commencement Information
I2Sch. 2 para. 13 in force at 1.4.2011, see art. 1
14. In article 5(4) of the Functions of Health Boards (Scotland) Order 1991(3) (qualifications to the exercise of functions by Health Boards)—
(a)omit the “or” immediately following paragraph (c);
(b)after paragraph (d) insert—
“; or
(e)HIS.”.
Commencement Information
I3Sch. 2 para. 14 in force at 1.4.2011, see art. 1
15. In regulation A2(4) of the National Health Service Superannuation Scheme (Scotland) Regulations 1995(4) (interpretation) in the definition of “employing authority”—
(a)after “Special Health Board” insert “, Healthcare Improvement Scotland”; and
(b)for “section 2 and section 10” substitute “sections 2, 10 and 10A”.
Commencement Information
I4Sch. 2 para. 15 in force at 1.4.2011, see art. 1
16. In the Fees in the Register of Scotland Order 1995(5)—
(a)in article 2(d) (interpretation), after paragraph (d) insert—
“(da)“Healthcare Improvement Scotland” means the body established by section 10A of the National Health Service (Scotland) Act 1978;”; and
(b)in Schedule 1 (table of fees in the Registers of Scotland)—
(i)in paragraph A(10) of Part I(6) (fees to register interests in land other than heritable securities in the Land Register of Scotland) after “Special Health Board” insert “, Healthcare Improvement Scotland”; and
(ii)after paragraph A(7)(c) of Part II (fees for recording a conveyance in the General Register of Sasines) insert—
“(d)on behalf of Healthcare Improvement Scotland, completing title as transferee in terms of an order under section 109 of the Public Services Reform (Scotland) Act 2010,”.
Commencement Information
I5Sch. 2 para. 16 in force at 1.4.2011, see art. 1
17. In regulation 2(1) of the National Health Service (Scotland) (Injury Benefits) Regulations 1998(7) (interpretation), in the definition of “employing authority” after paragraph (a) insert—
“(aa)Healthcare Improvement Scotland established by section 10A of the National Health Service (Scotland) Act 1978;”.
Commencement Information
I6Sch. 2 para. 17 in force at 1.4.2011, see art. 1
18. In regulation 3 of the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000(8) (members of the Clinical Negligence and Other Risks Indemnity Scheme)—
(a)omit the “and” immediately following paragraph (d); and
(b)after paragraph (e) insert—
“; and
(f)Healthcare Improvement Scotland”.
Commencement Information
I7Sch. 2 para. 18 in force at 1.4.2011, see art. 1
19. In article 2(2)(a) of the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000(9) (interpretation), after “Public Services Reform (Scotland) Act 2010” insert—
“or, as the case may be, under the National Health Service (Scotland) Act 1978”.
Commencement Information
I8Sch. 2 para. 19 in force at 1.4.2011, see art. 1
20. In article 4(4) of the NHS 24 Order 2001(10) (functions of NHS 24)—
(a)omit the “or” immediately following sub-paragraph (c); and
(b)after sub-paragraph (d) insert—
“; or
(e)Healthcare Improvement Scotland”.
Commencement Information
I9Sch. 2 para. 20 in force at 1.4.2011, see art. 1
21. In Schedule 1 to the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002(11) (bodies required to publish race equality schemes), at the appropriate place insert—
“Healthcare Improvement Scotland”.
Commencement Information
I10Sch. 2 para. 21 in force at 1.4.2011, see art. 1
22. In article 4(4) of the NHS Education for Scotland Order 2002(12) (functions of NHS Education for Scotland)—
(a)omit the “or” immediately following sub-paragraph (c); and
(b)after sub-paragraph (d) insert—
“; or
(e)Healthcare Improvement Scotland”.
Commencement Information
I11Sch. 2 para. 22 in force at 1.4.2011, see art. 1
23. In article 4(4) of the National Waiting Times Centre Board (Scotland) Order 2002(13) (functions of the National Waiting Times Centre Board)—
(a)omit the “or” immediately following sub-paragraph (c);
(b)after sub-paragraph (d) insert—
“; or
(e)Healthcare Improvement Scotland”.
Commencement Information
I12Sch. 2 para. 23 in force at 1.4.2011, see art. 1
24. In regulation 2(1) of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003(14) (interpretation), in the definition of “employing authority”—
(a)after “Special Health Board”, insert “Healthcare Improvement Scotland”; and
(b)for “2 and 10” substitute “2, 10 and 10A”.
Commencement Information
I13Sch. 2 para. 24 in force at 1.4.2011, see art. 1
25. In paragraph 11 of Part 1 of Schedule 5 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004(15) (standards for out of hours services), for “NHS Quality Improvement Scotland” substitute “Healthcare Improvement Scotland”.
Commencement Information
I14Sch. 2 para. 25 in force at 1.4.2011, see art. 1
26. In paragraph 2 of Schedule 4 to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004(16) (standards for out of hours services), for “NHS Quality Improvement Scotland” substitute “Healthcare Improvement Scotland”.
Commencement Information
I15Sch. 2 para. 26 in force at 1.4.2011, see art. 1
27. In regulation 1(2) of the Mental Health (Conflict of Interest) (Scotland) (No. 2) Regulations 2005(17) (interpretation), for the definition of “independent health care service” substitute—
““independent health care service” means any of the following—
an independent hospital;
a private psychiatric hospital;
an independent clinic; or
an independent medical agency,
as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978..”.
Commencement Information
I16Sch. 2 para. 27 in force at 1.4.2011, see art. 1
28. In Part I of Schedule 1 to the Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005(18), at the appropriate place insert—
“Healthcare Improvement Scotland”.
Commencement Information
I17Sch. 2 para. 28 in force at 1.4.2011, see art. 1
29. In the first entry (any entry information) in the table in Schedule 2 of the National Health Service Central Register (Scotland) Regulations 2006(19) (information which may be provided from the register and persons to whom it may be provided), in column 2 at the appropriate place insert—
“Healthcare Improvement Scotland;”.
Commencement Information
I18Sch. 2 para. 29 in force at 1.4.2011, see art. 1
30. In Part I of Schedule 1 to the Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland) Order 2007(20), at the appropriate place insert—
“Healthcare Improvement Scotland”.
Commencement Information
I19Sch. 2 para. 30 in force at 1.4.2011, see art. 1
31. In regulation 1(1) of Part 2A of the National Health Service Pension Scheme (Scotland) Regulations 2008(21) (interpretation), in paragraph (a) of the definition of “employing authority”—
(a)after “Special Health Board” insert “, Healthcare Improvement Scotland”; and
(b)for “and 10” substitute “, 10 and 10A”.
Commencement Information
I20Sch. 2 para. 31 in force at 1.4.2011, see art. 1
32. In the National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008(22)—
(a)in article 1(2) (interpretation), after the definition of “Health Board”, insert ““HIS” means Healthcare Improvement Scotland established by section 10A of the Act;”; and
(b)in article 2 (functions of the agency) paragraphs (b), (c), (d), (f), (i) and (k), immediately before “Health” the first time it occurs, insert “HIS,”.
Commencement Information
I21Sch. 2 para. 32 in force at 1.4.2011, see art. 1
33. In regulation 2(1) of the National Health Service (Appointment of Consultants) (Scotland) Regulations 2009(23) (interpretation), in the definition of “Board”, after “section 10 of the Act” insert “and Healthcare Improvement Scotland established under section 10A of the Act”.
Commencement Information
I22Sch. 2 para. 33 in force at 1.4.2011, see art. 1
34. In regulation 4(a) of the Public Health etc. (Scotland) Act 2008 Designation of Competent Persons Regulations 2009(24) (definition of work experience in health protection), after “board” insert—
“, Healthcare Improvement Scotland”.
Commencement Information
I23Sch. 2 para. 34 in force at 1.4.2011, see art. 1
35. For regulation 4 of the Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Services) (Protected Adults) Regulations 2010(25) (prescribed services) substitute—
“4. For the purposes of section 94(1)(b)(iii), (iv), (v) and (vi) of the Act, a prescribed service is a service which concerns the treatment, care and support of, and provision of advice and assistance to, individuals in relation to their health and well-being, provided by—
(a)an independent hospital;
(b)a private psychiatric hospital;
(c)an independent clinic; or
(d)an independent medical agency,
within the meaning given to those expressions by section 10F(2) of the National Health Service (Scotland) Act 1978.”.
Commencement Information
I24Sch. 2 para. 35 in force at 1.4.2011, see art. 1
36. For regulation 2(c) of the Protection of Vulnerable Groups (Scotland) Act 2007 (Unlawful Requests for Scheme Records) (Prescribed Circumstances) Regulations 2010(26) (interpretation), substitute—
“(c)“independent health care service” means any of the following—
(i)an independent hospital;
(ii)a private psychiatric hospital;
(iii)an independent clinic; or
(iv)an independent medical agency,
as each of those terms is defined in section 10F(2) of the National Health Service (Scotland) Act 1978.”.
Commencement Information
I25Sch. 2 para. 36 in force at 1.4.2011, see art. 1
37. In the Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010(27)—
(a)in regulation 9(2) (information sharing)—
(i)omit the “or” immediately following sub-paragraph (a);
(ii)after sub-paragraph (b) insert—
“, or
(c)(in respect of the exercise of its health service functions only) Healthcare Improvement Scotland (established by section 10A of the National Health Service (Scotland) Act 1978)”; and
(b)in regulation 10(2) (requests for information under Council Regulation (EC) No. 2201/2003)—
(i)omit the “or” immediately following sub-paragraph (c);
(ii)after sub-paragraph (d) insert—
“, or
(e)(in respect of the exercise of its health service functions only) Healthcare Improvement Scotland (established by section 10A of the National Health Service (Scotland) Act 1978)”.
Commencement Information
I26Sch. 2 para. 37 in force at 1.4.2011, see art. 1
38. In the definition of “registered nurse” in regulation 2(1) of the Healthcare Improvement Scotland (Inspections) Regulations 2011(28) (interpretation), for “Nurses and Midwives” substitute “Nursing and Midwifery”.
Commencement Information
I27Sch. 2 para. 38 in force at 1.4.2011, see art. 1
39. In paragraph (e) of the definition of “health care professional” in regulation 1(2) of the Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011(29) (citation, commencement and interpretation), for “Nurses and Midwives” substitute “Nursing and Midwifery”.
Commencement Information
I28Sch. 2 para. 39 in force at 1.4.2011, see art. 1
S.I. 1988/1477; which was relevantly amended by S.S.I. 2005/445.
S.I. 1991/564; which was relevantly amended by S.S.I. 2005/550.
S.I. 1991/570; to which there are amendments not relevant to these Regulations.
S.I. 1995/365. Regulation 2(4) of Part A was relevantly amended by S.S.I. 2008/92, 2009/19 and 2010/22.
Paragraph A(10) of Part I of Schedule 1 was amended by S.S.I. 2006/600.
S.I. 1998/1594; which was relevantly amended by S.S.I. 2005/445, 512 and 2008/92.
S.S.I. 2000/54; regulation 3 was amended by S.S.I. 2000/168 and 2002/239. Section 85B(2A) of the National Health Service (Scotland) Act 1978, as inserted by paragraph 18 of Schedule 17 to the 2010 Act, limits the participation of HIS in the Clinical Negligence and Other Risks Indemnity Scheme to HIS’s health service functions.
S.S.I. 2000/177; article 2(2)(a) was amended by S.S.I. 2002/161.
S.S.I. 2001/137; to which there are amendments not relevant to this Order.
S.S.I. 2002/62. Schedule 1 was amended by S.S.I. 2003/331, 556 and 2006/129 and 467.
S.S.I. 2002/103; to which there are amendments not relevant to this Order.
S.S.I. 2002/305; to which there are amendments not relevant to this Order.
S.S.I. 2003/344; which was relevantly amended by S.S.I. 2005/445 and 512.
S.S.I. 2004/115; to which there are amendments not relevant to this Order.
S.S.I. 2004/116; to which there are amendments not relevant to this Order.
S.S.I. 2005/565. Part I of Schedule 1 was amended by S.S.I. 2006/129, 2007/195 and 2009/248.
S.S.I. 2006/484; to which there are amendments not relevant to these Regulations.
S.S.I. 2007/32. Part I of Schedule 1 was amended by S.S.I. 2009/248.
S.S.I. 2008/224; which was relevantly amended by S.S.I. 2010/22.
S.S.I. 2009/166; to which there are amendments not relevant to this Order.