1999 No. 726 (S. 57)
The Clinical Standards Board for Scotland Order 1999
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred on him by sections 2(1)(b), (1A), (1B) and (1C) and 105(7) of the National Health Service (Scotland) Act 19781, and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and commencement1
1
This Order may be cited as the Clinical Standards Board for Scotland Order 1999.
2
This Order shall come into force on 1st April 1999.
Interpretation2
1
For the purposes of this Order unless the context otherwise requires–
“the Act” means the National Health Service (Scotland) Act 1978;
“the Board” means the Special Health Board, to be known by the name of the Clinical Standards Board for Scotland, which is constituted by this Order.
2
In this Order unless the context otherwise requires, a reference to an article or Schedule is to an article of, or the Schedule to, this Order and a reference to a paragraph is to a paragraph of the article in which the reference is made.
Constitution, name and area of the Board3
There is hereby constituted a Special Health Board for the whole of Scotland to be known by the name of the Clinical Standards Board for Scotland.
Functions of the Board4
1
The Board shall exercise the following functions of the Secretary of State namely:–
a
functions in relation to quality assurance and accreditation conferred on him by the Act including without prejudice to the foregoing generality, those specified in section 1(1) of the Act;
b
functions specified in paragraph (2) subject, however, to any limitations there specified.
2
The functions specified in this paragraph are as follows:–
a
the power of the Secretary of State to assist voluntary organisations under section 16 of the Act2;
b
the power of the Secretary of State under section 16B of the Act3 to give financial assistance to voluntary organisations limited to assistance to such organisations whose activities consist in or include the provision of services similar to services provided by the Board or for the provision of which the Board is under a duty to make arrangements by virtue of the Act and the assistance so given is given on such terms and conditions as the Secretary of State with the approval of the Treasury might determine;
c
the powers of the Secretary of State under section 79(1) of the Act4 to take on lease or to purchase moveable property and land which is required for the purposes of the Board and to use for those purposes and manage any heritable or moveable property so acquired;
d
the powers of the Secretary of State under subsection (1A) of section 79 of the Act5 to dispose of land no longer required for the purposes of the Board disregarding so much of that subsection as relates to the function of the Secretary of State to authorise certain officers to execute instruments on his behalf;
e
the power of the Secretary of State under paragraph 4 of Schedule 1 to the Act6, as applied in relation to the Board by article 5, to pay remuneration to the Chairman of the Board and to such other members thereof as may be prescribed so, however, that this sub-paragraph shall not be construed as extending to the power to determine the remuneration or to prescribe the members to whom it may be paid;
f
the power of the Secretary of State under paragraph 13 of Schedule 1 to the Act, as applied in relation to the Board by article 5, to pay to members of the Board, and any committees and sub-committees thereof, travelling and other allowances so however, that this sub-paragraph shall not be construed as extending to the power to determine the amount of such allowances; and
g
the duty of the Secretary of State under paragraph 23 of Schedule 7A to the Act7 to remunerate an NHS trust in respect of the provision of goods and services in accordance with that paragraph, but not including the power of the Secretary of State to determine the rate or rates appropriate for such remuneration.
3
In exercising any functions of the Secretary of State to acquire, use, manage or dispose of land the Board shall ensure–
a
that any instrument in connection with the exercise of those functions is in the name of the Secretary of State for Scotland and not that of the Board; and
b
that, where any such instrument requires to be executed on his behalf by the Secretary of State for Scotland and it is not executed in accordance with section 1(8) of the Reorganisation of Offices (Scotland) Act 19398, it is executed on his behalf in accordance with section 79(1A) of the Act.
Application of enactments5
1
Each of the enactments specified in column 1 of each Part of the Schedule (the subject matter of which is described generally in column 2) shall apply in relation to the Board as it applies in relation to Health Boards subject, however, to the modifications and limitations (if any) specified opposite thereto in column 3 and to paragraph (2).
2
The enactments which are applied in relation to the Board by virtue of paragraph (1) are so applied only for the purposes of the exercise by the Board of the functions conferred on it by this Order.
SCHEDULEENACTMENTS APPLIED TO THE BOARD
PART ITHE ACT
Column 1 | Column 2 | Column 3 |
|---|---|---|
Enactment | Nature of Provision | Modifications and Limitations (where applicable) |
In the Act– | ||
In Part I | ||
In Section 2– | Health Boards | |
Subsection (3) | Variation of area and functions of Health Board | |
Subsection (4) | Provisions incidental to variation of area or functions of Health Boards | |
Subsection (5) | Health Boards to act in accordance with regulations or directions9 | |
Subsection (8) | Health Board to act as principal | |
In Section 10– | Common Services Agency | |
Subsection (4) | Power to provide that functions of Health Boards may be referred to the Agency10 | |
Section 13 | Co-operation between Health Boards and other Authorities11 | |
In section 15– | ||
Subsection (1)(b) | Supply of goods to local and education authorities and other public bodies | |
Subsection (1)(c) | Provision of services to local and education authorities12 | |
Subsection (1)(d) | Use of health service premises by local and education authorities | |
Subsection (1)(e) | Use of health service vehicles etc. by local and education authorities | |
Subsection (2) | Arrangements with third parties for the supply of goods and materials | Applied so far as it relates to subsection (1)(b). |
Section 17A | Power to enter into arrangements with NHS bodies for the provision of goods and services (“NHS contracts”)13 | |
In Part IV | ||
Section 77 | Default powers14 | |
In Part V | ||
In Section 79– | ||
Subsection (1A) | Power of Secretary of State to dispose of land and, where he has delegated any function relating to the acquisition, management or disposal of land, power to authorise any officer of a Health Board to execute any instrument on his behalf | |
Subsection (3) | Power to acquire moveable property on behalf of the Secretary of State | |
In Section 83– | ||
Subsection (1) | Power to hold property on trust | |
Section 84 | Power to trustees to make payments to Health Boards15 | |
Section 84A | Power to raise money and property by appeals, collections and other similar activities16 | |
In Section 85– | ||
Subsection (1) | Payment of expenses of certain bodies17 | |
Subsection (2A) | Power to make directions to bodies listed in subsection (1)18 | |
In Section 85A– | ||
Subsection (1) | Duty of bodies referred to in section 85(1) as regards expenditure19 | |
Subsection (3) | Power to make directions in relation to duty under subsection (1) | |
Subsection (4) | Disregard for the purposes of the section of certain trust funds | |
Section 85B | Power to make provision for meeting losses and liabilities etc. of certain health service bodies20 | |
Section 86 | Provisions in relation to the keeping and auditing of accounts, to their submission to the Secretary of State21 | |
Section 87 | Power to make regulations as to financial arrangements of health service bodies | |
In Part VIII– | ||
Section 101 | Protection of Health Boards22 | |
In Schedule 1– | Health Boards | |
Paragraph 1 | Health Boards to be bodies corporate and have a common seal | |
Paragraph 2 | Appointment of Chairman and members | |
Paragraph 4 | Payment of remuneration to the Chairman and such members of Health Boards as may be prescribed23 | |
Paragraph 5 | Employment of officers and servants24 | |
Paragraph 6 | Power to make regulations as to method of appointment, qualifications, remuneration and conditions of service of officers and servants | |
Paragraph 7 | Officers and servants employed in accordance with regulations and directions25 | |
Paragraph 7A | Power to make regulations providing for transfer of officers and servants26 | |
Paragraph 7B | Directions to Health Boards to place officers or servants at disposal of other bodies27 | |
Paragraph 11 | Power to make regulations as to appointment, committees and procedure28 | |
Paragraph 11A | Subscription to funds of other bodies29 | |
Paragraph 12 | Proceedings not to be invalidated by vacancies | |
Paragraph 13 | Payment to members of a Health Board, the committees and sub-committees thereof of travelling and other allowances, including compensation for loss of remunerative time | The words “, including compensation for loss of remunerative time,” shall be omitted. |
Paragraph 14 | Allowances not payable except in circumstances determined by the Secretary of State | |
Paragraph 15 | Time and method of payment of allowances | |
In Schedule 5– | Common Services Agency | |
Paragraph 7B | Power to make regulations providing for the transfer of officers and servants30 | |
Paragraph 7C | Power to make directions as to placing of staff with other bodies31 |
PART IIACTS OTHER THAN THE ACT
Column 1 | Column 2 | Column 3 |
|---|---|---|
Enactment | Nature of Provision | Modifications and Limitations (where applicable) |
The Public Bodies (Admission to Meetings) Act 196032 | Admission of the public to meetings | |
The House of Commons Disqualification Act 197533 | ||
In Schedule 1, Part III the entry relating to Chairman or any member, not being also an employee, of a Health Board34 | Offices disqualifying for membership of the House of Commons | |
Overseas Development and Co-operation Act 198035 | ||
Section 2(1)(a) and (c) | Powers of National Health Service bodies in Scotland to enter into and carry out agreements to furnish technical assistance outside the UK | |
Schedule 136 | Statutory bodies with powers under section 2(1) | Limited to the reference in Part IV to “A Health Board”. |
Health and Medicines Act 198837 | ||
Section 7(1)-(8) | Extension of powers of Secretary of State for financing the Health Service | |
Health Service Commissioners Act 199338 | Provisions for investigations by the Health Service Commissioner for Scotland |
PART IIIENACTMENTS OTHER THAN ACTS OF PARLIAMENT
Column 1 | Column 2 | Column 3 |
|---|---|---|
Enactment | Nature of Provision | Modifications and Limitations (where applicable) |
The National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 197439 | Prohibits employment for provision of services under the National Health Service of certain health professions unless they are registered under the Professions Supplementary to Medicine Act 196040 | |
The National Health Service (Financial Provisions) (Scotland) Regulations 197441 | Preparation of estimates of income and expenditure and accounts of Health Boards and related matters of a financial nature | Limited so as to exclude the application of any provisions relative to Local Health Councils or the Common Services Agency. |
The National Health Service (Food Premises) (Scotland) Regulations 198742 | Health authorities (including Health Boards) to be treated for the purpose of food legislation (as defined in the Regulations) as both owners and occupiers of premises used by them | |
The National Health Service Trusts (Membership and Procedure) (Scotland) Regulations 199143 | Provision as to membership | Limited so as to exclude application of regulation 8(1)(c) |
The National Health Service (Remuneration and Conditions of Service) (Scotland) Regulations 199144 | The determination of remuneration and conditions of service of officers of Health Boards | |
The Health Boards (Membership and Procedure) (No.2) Regulations 199145 | Provision as to the membership and procedure to be applied by Health Boards | Limited so as to exclude application of regulation 6(1)(a). |
The National Health Service (Appointment of Consultants) (Scotland) Regulations 199346 | Appointment as an officer of a Health Board of any registered medical or dental practitioner to the post of consultant or of any registered medical practitioner to the post of community medicine specialist |
(This note is not part of the Order)