National Health Service (Scotland) Act 1972

PART III Central Bodies

17 Scottish Health Service Planning Council

(1) There shall be constituted in accordance with Schedule 2 to this Act a Council, to be called the Scottish Health Service Planning Council, and it shall be the duty of that Council to advise the Secretary of State on the exercise of his functions under the Health Service Acts, whether at his request or on their own initiative.

(2) For the purpose of performing that duty, the Council shall keep under review the development of the health service in Scotland as a whole and in the various parts of Scotland.

(3) The Council shall make an annual report to the Secretary of State on their proceedings and on the proceedings of any committee appointed by them, and the Secretary of State shall lay that report before Parliament with such comments (if any) as he thinks fit.

18 National consultative committees

(1) Where the Secretary of State is satisfied that a committee has been formed which is representative of any, some or all of the professions engaged in the provision of care or treatment under the Health Service Acts, and that it is in the interests of the health service to recognise the committee for the purposes of those Acts, he shall so recognise it, and any such committee shall be known as a national consultative committee.

(2) The professional teaching interests in relation to any such profession shall be represented on the national consultative committee by such number of members, appointed in such manner, as may be prescribed.

(3) Where the Secretary of State considers it necessary, he may, with the agreement of a national consultative committee, appoint additional persons to be members of that committee.

(4) It shall be the general function of a national consultative committee to advise the Scottish Health Service Planning Council on the provision of services under the Health Service Acts with which that committee is concerned, but, except in so far as regulations otherwise provide, such a committee shall not concern itself with the remuneration and conditions of service of practitioners or other persons of whom it is representative.

(5) In addition to any other functions which a national consultative committee may exercise, they shall exercise such functions as may be prescribed.

(6) The Scottish Health Service Planning Council shall consult with the national consultative committees on such occasions and to such extent as may be prescribed, and may ask any such committee to undertake, on behalf of the Council, such investigation as the Council think fit.

(7) A national consultative committee shall have power to appoint sub-committees, whether jointly with another national consultative committee or otherwise, and to appoint to any such sub-committee persons who are not members of the national consultative committee or committees concerned.

(8) The Secretary of State shall defray the reasonable expenses of national consultative committees, and shall pay to members of such committees and sub-committees thereof such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of the Minister for the Civil Service, from time to time determine.

19 Common Services Agency

(1) There shall be constituted in accordance with Schedule 3 to this Act a body, to be called the Common Services Agency for the Scottish Health Service (referred to in this Act as " the Agency ") which shall have the functions conferred on it by this section.

(2) The Secretary of State may by order delegate to the Agency such of his functions under the Health Service Acts as he considers appropriate.

(3) Before the appointed day, after consultation with the bodies concerned and any other interests which appear to the Secretary of State to be concerned, the Secretary of State, where he considers it expedient for the efficient discharge of functions under the Health Service Acts by those bodies, may by order provide that the performance of such functions as he may determine shall stand referred to the Agency and be discharged by it.

(4) Before the appointed day, after consultation with such bodies and interests as appear to him to be concerned, the Secretary of State, where he considers it expedient for the efficient discharge of the functions of the Health Boards on or after that day, may by order provide that the performance of such functions as he may determine shall stand referred to the Agency and be discharged by it on behalf of any or all of the Health Boards.

(5) On and after the appointed day, after consultation with the Scottish Health Service Planning Council, the Health Boards and any other interests which appear to the Secretary of State to be concerned, the Secretary of State, where he considers it expedient for the efficient discharge of the functions of the Health Boards, may by order provide that the performance of such functions as he may determine shall stand referred to the Agency and be discharged by it on behalf of any or all of the Health Boards.

(6) The Secretary of State may by order withdraw from the Agency any function delegated or referred to it under this section.

(7) The Agency shall provide such services and carry out such tasks for bodies associated with the health service as the Secretary of State and those bodies may agree, and on such terms and conditions as may be agreed.

(8) In carrying out its functions, the Agency shall act subject to and in accordance with such directions as may be given by the Secretary of State.

(9) Subsections (9) and (10) of section 13 of this Act shall apply to the Agency as they apply to Health Boards, except that, in subsection (9), the reference to the Secretary of State shall include a reference to any other body associated with the health service.