National Health Service (Scotland) Act 1978

Section 10.

SCHEDULE 5 The Agency

1 The Agency shall be a body corporate and shall have a common seal.

2 The affairs of the Agency shall be managed by a management committee constituted in accordance with paragraph 3.

3 The management committee shall consist of a chairman appointed by the Secretary of State and other members appointed as follows—

(a) 5 members appointed by the Secretary of State;

(b) 6 members appointed by the Secretary of State on the nomination of the Health Boards acting jointly ; and

(c) such other members as may be appointed by the Secretary of State after consultation with the Health Boards, acting jointly.

4 The proceedings of the management committee shall not be invalidated by any vacancy in its membership or by any defect in the appointment of any member thereof.

5 The Secretary of State shall pay to members of the management committee 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.

6 Allowances shall not be paid under paragraph 5 except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

7 The Agency may employ such officers and servants on such terms as to remuneration and conditions of service as the management committee may, subject to regulations, determine.

8 Regulations may make provision with respect to—

(a) the appointment, tenure and vacation of office of the chairman and members of the management committee ;

(b) enabling alternative members to attend in place of any member of the committee who may be absent;

(c) the appointment by the management committee of sub-committees, whose membership may include persons who are not members of the management committee ;

(d) the procedure of the management committee; and

(e) the method of appointment of officers or servants of the Agency and the qualifications, remuneration and conditions of service of those persons.

9 No officer or servant of the Agency to whom regulations apply shall be employed otherwise than in accordance with the regulations.

10 The application of the seal of the Agency to any document shall be attested by at least one member of the management committee and by an officer authorised for the purpose by the management committee.

11 Every document purporting to be an instrument issued by the Agency and to be sealed and attested as aforesaid or to be duly signed on behalf of the Agency shall be received in evidence, and shall be deemed to be such an instrument without further proof unless the contrary is shown.

12 The Secretary of State may exercise the powers conferred by paragraph 19 of Schedule 1 in the case of a person who enters the employment of the Agency and to whom that paragraph otherwise applies.