SCHEDULEMINOR AND CONSEQUENTIAL MODIFICATIONS

PART 1THE 1978 ACT AND INSTRUMENTS MADE UNDER IT

The 1978 Act

1

(1)

The 1978 Act is amended as follows.

(2)

In section 2 (health boards: regulations and directions)—

(a)

in subsection (5), after “this Act” insert “ or by or under the 2021 Act ”,

(b)

in subsection (6), after “functions” insert “ (other than functions conferred on them by or under the 2021 Act) ”.

(3)

In section 2B(1) (duty to encourage public involvement), after “responsible” insert “ and services which it has the function of providing to individuals under the 2021 Act ”.

(4)

In section 10H (standards and outcomes)—

(a)

in subsection (1)(a), after “health service” insert “ or under the 2021 Act ”,

(b)

in subsection (4), after “health service” insert “ or under the 2021 Act ”.

(5)

In section 17A(1) (NHS contracts), after “enactment” insert “ (including the 2021 Act) ”.

(6)

In section 36(1) (accommodation and services), in paragraph (b), after “under this Act” insert “ or under the 2021 Act ”.

(7)

In section 76(1) (inquiries), after “this Act” insert “ or under the 2021 Act ”.

(8)

In section 77(1) (default powers), after “this Act” insert “ or by or under the 2021 Act ”.

(9)

In section 78 (emergency powers)—

(a)

after “this Act”, where it first occurs, insert “ or under the 2021 Act ”,

(b)

after “this Act”, where it second occurs, insert “ , or by or under the 2021 Act, ”.

(10)

In section 78A (powers in case of service failures)—

(a)

in subsection (1)(a), after “this Act” insert “ , or under or by virtue of the 2021 Act, ”,

(b)

in subsection (2), after “this Act” insert “ or, as the case may be, under or by virtue of the 2021 Act ”.

(11)

In section 79 (purchase of land and moveable property)—

(a)

in subsection (1), after “under this Act”, where it first occurs, insert “ or under the 2021 Act ”,

(b)

in subsection (1A), after “under this Act” insert “ or under the 2021 Act ”.

(12)

In section 108(1) (interpretation), before the definition of “the Agency” insert—

““the 2021 Act” means the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021;”.