National Health Service (Scotland) Act 1978

SCHEDULES

Section 2.

SCHEDULE 1 S Health Boards

Part I S

Constitution S

1 S A Health Board shall be a body corporate and shall have a common seal.

Modifications etc. (not altering text)

C1 Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C2 Sch. 1 para. 1 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 1 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 1 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 1 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 1 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para.1 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 1 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C3 Sch. 1 paras. 1 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

[F1 2 (1) A Health Board is to consist of the following types of members— S

(a) a chairman, and other members, appointed by the Scottish Ministers (“appointed members”),

(b) councillors appointed by the Scottish Ministers following nomination by local authorities in the area of the Health Board (“councillor members”), and

(c) individuals elected as members of the Health Board at an election held under Schedule 1A (“elected members”).

(2) Regulations must, in relation to each Health Board, specify—

(a) the total number of members of the Board, and

(b) the number of each type of member.

(3) But—

(a) the total number of councillor members and elected members of a Board must amount to more than half the total number of members, and

(b) a Board must contain at least one councillor member for each local authority whose area is wholly or partly within the area of the Board.

(4) The conditions imposed by sub-paragraph (3) do not apply during any period when an elected member or, as the case may be, councillor member vacates office and the vacancy has not been filled.]

Textual Amendments

F1 Sch. 1 para. 2 substituted (24.6.2009 for specified purposes) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(2), 4, 7, 11(1); S.S.I. 2009/242, art. 2

[F2 2A S In the case of a prescribed Health Board at least one of the [F3 appointed members] must hold a post in a university with a medical or dental school.]

Subordinate Legislation Made

P1 Sch. 1 para. 2A: s. 105(7) (with ss. 2(10), 108(1) and Sch. 1 paras. 2A, 4 and 11) power exercised by S.I. 1991/571.

Sch. 1 para. 2A: s. 105(7) (with ss. 2(10), 108(1) and Sch. 1 paras. 2A, 4 and 11) power exercised by S.I.1991/809.

Sch 1 para 2A: for previous exercises of this power see Index to Government Orders

Textual Amendments

F2 Sch. 1 para. 2A inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 2

F3 Words in Sch. 1 para. 2A substituted (24.6.2009 for certain purposes and otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(3), 4, 7, 11(1); S.S.I. 2009/242, art. 2

3 S [F4 An appointed member may be appointed only] after consultation with the following bodies—

(a) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any university appearing to the Secretary of State to have an interest in the provision of health services in that area;

(c) such organisations as the Secretary of State may recognise as representative in that area of the medical, dental, nursing, pharmaceutical and ophthalmic professions and such other professions as the Secretary of State considers appropriate, or of those professions generally; and

(d) such other organisations as appear to the Secretary of State to be concerned.

Textual Amendments

F4 Words in Sch. 1 para. 3 substituted (24.6.2009 for certain purposes and otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(4)(a), 4, 7, 11(1); S.S.I. 2009/242, art. 2

F5 Sch. 1 para. 3(a) omitted (24.6.2009 for certain purposes and otherwise prosp.) by virtue of Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(4)(b), 4, 7, 11(1); S.S.I. 2009/242, art. 2

[F6 3A S A person appointed as chairman of a Health Board may not be an employee of that Health Board.]

Textual Amendments

F6 Sch. 1 para. 3A inserted (24.6.2009 for certain purposes and otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(5), 4, 7, 11(1); S.S.I. 2009/242, art. 2

4 S The Secretary of State may pay to

[F7 (a) the chairman of a Health Board,

(b) such other members of a Health Board as may be prescribed, and

(c) such members of committees and sub-committees of a Health Board as may be prescribed,]

such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.

Subordinate Legislation Made

P2 Sch. 1 para. 4: s. 105(7) (with ss. 2(10), 108(1) and Sch. 1 paras. 2A, 4 and 11) power exercised by S.I. 1991/571.

Sch. 1 para. 4: s. 105(7) (with ss. 2(10), 108(1) and Sch. 1 paras. 2A, 4 and 11) power exercised by S.I. 1991/809.

Sch. 1 para. 4: for previous exercises of this power see Index to Government Orders

Textual Amendments

F7 Words in Sch. 1 para. 4 substituted (8.1.2010) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 8, 11(4), Sch. para. 1; S.S.I. 2009/433, art. 2

Modifications etc. (not altering text)

C4 By S.I. 1990/2639, art. 4(2)(e) certain functions of the Secretary of State under para. 4 are made exercisable (1.4.1991) by the Health Education Board for Scotland

C5 Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C6 Sch. 1 para. 4 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 4 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 4 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 4 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 4 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para. 4 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 4 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C7 Sch. 1 para. 4, applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

C8 Sch. 1 para. 4: functions transferred (31.3.2002) by S.S.I. 2002/103, art. 4(2)(d) (with art. 4(4))

Sch. 1 para. 4: functions transferred (27.6.2002) by S.S.I. 2002/305, art. 4(2)(j) (with art. 4(4))

5 S A Health Board may employ such officers and servants on such terms as to remuneration and conditions of service as the Board may, F8 determine [F9 in accordance with regulations and any directions given under this paragraph by the Secretary of State].

Textual Amendments

F8 Words repealed by Health Services Act 1980 (c. 53), Sch. 7

F9 Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 7(2)(b)

Modifications etc. (not altering text)

C9 Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C10 Sch. 1 para. 5 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 5 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 5 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 5 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 5 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para. 5 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 5 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C11 Sch. 1 para. 5 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

[F10 5A S Regulations or directions under paragraph 5 may provide for approvals, authorisations or determinations to have effect from a date (which may be before or after the date of giving or making them but may not be before if to the detriment of such officers and servants) specified in them [F11 and a direction under that paragraph may relate to a particular officer or servant or class of officer or servant specified in the direction].]

Textual Amendments

F10 Sch. 1 para. 5A added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14(2), Sch. 7 para. 4

F11 Words added by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 27(3), Sch. 5 para. 4

Modifications etc. (not altering text)

C12 Sch. 1 para. 5A applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 5A applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para. 5A applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 5A applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C13 Sch. 1 para. 5A applied (1.4.2003) by S.I. 1990/2639, art. 5(1), Sch. Pt. 1 (as amended by The Health Education Board for Scotland Amendment Order 2003 (S.S.I. 2003/154), art. 6(d))

6 S Regulations may make provision with respect to the method of appointment of officers or servants of a Health Board and as to the qualifications, remuneration and conditions of service of those persons.

Modifications etc. (not altering text)

C14 Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C15 Sch. 1 para. 6 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 6 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with

Sch. 1 para. 6 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 6 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 6 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para. 6 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 6 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C16 Sch. 1 para. 6 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

[F12 6A (1) Sub-paragraph (3) applies where the registration of a dental practitioner in the dentists register is suspended— S

(a) by an interim suspension order under section 32 of the Dentists Act 1984 (interim orders); or

(b) by a direction or order of the Health Committee, the Professional Performance Committee or the Professional Conduct Committee of the General Dental Council under any of sections 27B, 27C or 30 of that Act following a relevant determination that that practitioner's fitness to practise is impaired.

(2) For the purposes of sub-paragraph (1), a “relevant determination” that a practitioner's fitness to practise is impaired is a determination which is based solely on—

(a) the ground mentioned in paragraph (b) of subsection (2) of section 27 of the Dentists Act 1984 (deficient professional performance);

(b) the ground mentioned in paragraph (c) of that subsection (adverse physical or mental health); or

(c) both those grounds.

(3) Where this sub-paragraph applies, notwithstanding paragraph 7 of this Schedule, the suspension shall not terminate any contract of employment made between the dental practitioner and a Health Board, but a person whose registration is so suspended shall not perform any duties under a contract made between him and a Health Board which involves the practice of dentistry within the meaning of the Dentists Act 1984.]

Textual Amendments

F12 Sch. 1 para. 6A substituted (coming into force in accordance with art. 1 of the amending S.I.) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 49, Sch. 6 para. 2(4) (with transitional provisions in Sch. 7 and S.I. 2006/1671)

7 S No officer or servant of a Health Board to whom regulations [F13 or any directions given under paragraph 5] apply shall be employed otherwise than in accordance with the regulations [F14 or, as the case may be, the directions].

Textual Amendments

F13 Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 7(3)(a)

F14 Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 7(3)(b)

Modifications etc. (not altering text)

C17 Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C18 Sch. 1 para. 7 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 7 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 7 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 7 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 7 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para. 7 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 7 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C19 Sch. 1 para. 7 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

[F15 7A S Regulations may provide for the transfer of officers and servants from a Health Board to—

(a) another Health Board;

(b) the Agency; or

(c) a state hospital,

and for arrangements under which the services of an officer or servant of a Health Board are placed at the disposal of a body mentioned in sub-paragraphs (a) to (c).]

Textual Amendments

F15 Sch. 1 paras. 7A–7C inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 5

Modifications etc. (not altering text)

C20 Sch. 1 paras. 7A, 7B, 11A applied (1.4.1991) by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C21 Sch. 1 para. 7A applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 7A applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 7A applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 7A applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 7A applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para. 7A applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 7A applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C22 Sch. 1 para. 7A applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

7B S Directions may be given by the Secretary of State—

(a) to a Health Board to place services of any of its officers or servants at the disposal of a body mentioned in sub-paragraphs (a) to (c) of paragraph 7A; and

(b) to any such body to employ as an officer or servant any person who is or was employed by a Health Board and is specified in the direction,

and a Board or body to which such directions are given shall comply with the directions.

Modifications etc. (not altering text)

C23 Sch. 1 paras. 7A, 7B, 11A applied (1.4.1991) by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C24 Sch. 1 para. 7B applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. 1 Pt. I (with art. 6)

Sch. 1 para. 7B applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt.I (with art. 6)

Sch. 1 para. 7B applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch Pt.I

Sch. 1 para. 7B applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 7B applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para. 7B applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 7B applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C25 Sch. 1 para. 7B applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

7C S Before making regulations under paragraph 7A or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.

8 S Regulations under paragraph 6 shall not contain a requirement that all consultants employed for the purpose of hospitals shall be employed whole-time.

[F16 8A S In connection with arrangements relating to community care services (within the meaning of section 5A(4) (local authority plans for community care services) of the Social Work (Scotland) Act 1968), regulations may make provision with respect to—

(a) the transfer to employment by a local authority of officers or servants employed by a Health Board; and

(b) the transfer to employment by a National Health Service body of officers and servants transferred to employment by a local authority by virtue of this paragraph,

and for the purposes of this paragraph “National Health Service body” means a Health Board, the Agency or an NHS trust.]

Textual Amendments

F16 Sch. 1 para. 8A inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 6

F17 9 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 1 para. 9 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3), Sch. 2 para 3(2))

F18 10 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 1 para. 10 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3), Sch. 2 para. 3(2) and subject to an amendment (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt.I)

Part II S

Supplementary provisions S

[F19 10A (1) An elected member holds office for a period beginning with the day after the day of the Health Board election at which the member was elected and ending on the day of the next following Health Board election in the Health Board area. S

(2) An elected member vacates office on becoming—

(a) a member of the European Parliament,

(b) a member of the House of Commons,

(c) a member of the House of Lords,

(d) a member of the Scottish Parliament, or

(e) a local authority councillor.

(3) Regulations may specify further circumstances in which an elected member must vacate office before the end of that period and, in particular, may specify that an elected member is to vacate office on becoming the holder of a post set out in a list of restricted posts maintained by the Health Board concerned for that purpose.]

Textual Amendments

F19 Sch. 1 para. 10A inserted (temp. from 24.6.2009 for certain purposes and prosp. otherwise) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(6), 4, 6(2)(3), 7, 11(1); S.S.I. 2009/242, art. 2

11 S Regulations may make provision—

(a) as to the appointment, tenure and vacation of office of [F20 appointed members and councillor members (including provision specifying circumstances in which the Scottish Ministers may determine that such a member is to vacate office)];

(b) as to the delegation of functions to committees or sub-committees [F21 constituted in accordance with the regulations]; [F22 and]

(c) as to the procedure of Health Boards, their committees and sub-committees; F23

(d)F23

Textual Amendments

F20 Words in Sch. 1 para. 11(a) substituted (24.6.2009 for certain purposes and otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(7), 4, 7, 11(1); S.S.I. 2009/242, art. 2

F21 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 7

F22 Word inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 7(4)(a)

F23 Word and para. 11(d) repealed by Health Services Act 1980 (c. 53), Sch. 7

Modifications etc. (not altering text)

C26 Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C27 Sch. 1 para. 11 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 11 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 11 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 11 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 11 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para. 11 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 11 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C28 Sch. 1 para. 11 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

[F24 11A S A Health Board may subscribe to the funds of any associations or other bodies having objects of which the Board approves.]

Textual Amendments

F24 Para. 11A inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 7(5)

Modifications etc. (not altering text)

C29 Sch. 1 paras. 7A, 7B, 11A applied (1.4.1991) by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C30 Sch. 1 para. 11A applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 11A applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 11A applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 11A applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 11A applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para. 11A applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 11A applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C31 Sch. 1 para. 11A applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

12 S The proceedings of a Health Board shall not be invalidated by any vacancy in membership or by any defect in the appointment [F25 or, as the case may be, election] of any member thereof.

Textual Amendments

F25 Words in Sch. 1 para. 12 inserted (temp. from 24.6.2009 for certain purposes and otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 1(8), 4, 6(2)(3), 7, 11(1); S.S.I. 2009/242, art. 2

Modifications etc. (not altering text)

C32 Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C33 Sch. 1 para. 12 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)

C34 Sch. 1 para. 12 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 12 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 12 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para. 12 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 12 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

13 S The Secretary of State shall pay to members of a Health Board, the 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.

Modifications etc. (not altering text)

C35 Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C36 By S.I. 1990/2639, art. 4(2)(f) certain functions of the Secretary of State under para. 13 are made exercisable (1.4.1991) by Health Education Board for Scotland

C37 Sch. 1 para. 13 applied (with modifications) (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. 1 Pt. I (with art. 6)

Sch. 1 para. 13 applied (with modifications) (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. 1 Pt. I (with art. 6)

Sch. 1 para. 13 applied (with modifications) (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. 1 Pt. I

Sch. 1 para. 13 applied (with modifications) (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 13 applied (with modifications) (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para. 13 applied (with modifications) (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 13 applied (with modifications) (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C38 Sch. 1 para. 13 applied (with modifications) (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

C39 Sch. 1 para. 13: functions transferred (31.3.2002) by S.S.I. 2002/103, art. 4(2)(e) (with art. 4(4))

Sch. 1 para. 13: functions transferred (27.6.2002) by S.S.I. 2002/305, art. 4(2)(k) (with art. 4(4))

14 S Allowances shall not be paid under paragraph 13 except in connection with the performance of such powers or duties, in such circumstances, as the Secretary of State may determine.

Modifications etc. (not altering text)

C40 Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C41 Sch. 1 para. 14 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. 1 Pt. I (with art. 6)

Sch. 1 para. 14 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 1 para. 14 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 14 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 14 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para. 14 applied (with modifications) (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 14 applied (with modifications) (27.6.2002) by S.S.I. 2002/305, art. 6, Sch. Pt. I (with art. 4(4))

C42 Sch. 1 para. 14 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

15 S Payment under paragraph 13 shall be made at such times and in such manner, and subject to such conditions as to records, certificates or otherwise, as the Secretary of State may determine.

Modifications etc. (not altering text)

C43 Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C44 Sch. 1 para. 15 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. 1 Pt. I (with art. 6)

Sch. 1 para. 15 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. 1 Pt. I (with art. 6)

Sch. 1 para. 15 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. 1 Pt. I

Sch. 1 para. 15 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 1 para. 15 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 1 para. 15 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 1 para. 15 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C45 Sch. 1 para. 15 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

16 S F26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Sch. 1 para. 16 repealed (6.2.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(15); S.S.I. 2003/602, art. 2(2)

17 S F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Sch. 1 para. 17 repealed (6.2.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(15); S.S.I. 2003/602, art. 2(2)

18 S The functions transferred to and exercisable by Health Boards under section 56 of the M1 National Health (Scotland) Act 1972 (functions under the M2 Nursing Homes Registration (Scotland) Act 1938) shall continue to be exercisable by them under this paragraph.

Marginal Citations

M1 1972 c. 58.

M2 1938 c. 73.

19 S The Secretary of State may, with any necessary modifications, by order apply any of the provisions of [F28 paragraph 6 of Schedule 3 to the Civil Aviation Act 1982] to the case of a person who enters the employment of a Health Board after having been employed in employment to which [F29 the said paragraph 6] applies, and any such order may provide that for the purposes of any enactment specified in the order, or for any other purposes so specified, there shall be deemed to have been no break in the employment of any such person.

Textual Amendments

F28 Words substituted by Civil Aviation Act 1982 (c. 16), Sch. 15 para. 22(a)

F29 Words substituted by Civil Aviation Act 1982 (c. 16), Sch. 15 para. 22(b)

(introduced by section 2(10A))

[F30 SCHEDULE 1A S Health Board elections

Textual Amendments

F30 Sch. 1A inserted (temp. from 24.6.2009 for certain purposes and otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 2(3), 4, 6(2)(3), 7, 11(1); S.S.I. 2009/242, art. 2

Health Board elections S

1 S An election held under this Schedule is known as a “Health Board election”.

Timing of Health Board elections S

2 (1) A Health Board must hold the first Health Board election in the Health Board area on the day specified in election regulations. S

(2) Election regulations may specify different days for the first election in different Health Board areas.

(3) A Health Board must hold subsequent Health Board elections on the first Thursday falling after the end of the period of 4 years beginning with the day of the previous election.

(4) But a Health Board election may be held in a Health Board area before the day specified in sub-paragraph (3) if the Scottish Ministers make an order under section 77 specifying the date of a Health Board election in that area.

Electoral wards S

3 (1) Each Health Board area is to be comprised of a single electoral ward unless election regulations specify that a Health Board area is to be divided into more than one ward. S

(2) If regulations specify such a division they must also specify—

(a) the number of electoral wards in the Health Board area,

(b) the boundaries of those wards, and

(c) the number of elected members to be elected in each ward.

(3) Before regulations specifying such a division are made—

(a) the Scottish Ministers must consult the Local Government Boundary Commission for Scotland, and

(b) the Commission must give the Scottish Ministers advice about the boundaries of the electoral wards which the Health Board is to be divided into.

Conduct of election S

4 (1) Election regulations must appoint an individual as the returning officer for each ward in which a Health Board election is to be held. S

(2) Election regulations may make provision about—

(a) the tenure and vacation of office of a returning officer,

(b) the functions of a returning officer,

(c) a returning officer's fees and expenses,

(d) any other matters relating to returning officers that the Scottish Ministers consider appropriate.

5 (1) The nomination of a candidate must be made— S

(a) within the period specified in election regulations (the “nomination period”), and

(b) in accordance with any other requirement made in those regulations.

(2) A candidate may withdraw from a Health Board election at any time before the end of the nomination period.

6 S If, at the end of the nomination period, the number of nominated candidates in an electoral ward is equal to or less than the number of elected members to be elected for that ward—

(a) the Health Board election is not to be held in the ward, and

(b) on the day on which the election was to be held the returning officer must—

(i) declare the nominated candidates (if any) to be deemed to have been elected as elected members for the ward, and

(ii) if the number of nominated candidates is less than the number of elected members to be elected for the ward, declare the number of vacancies in the ward.

7 (1) In any other case, the elected members are to be elected for the electoral ward at a poll held in accordance with this paragraph. S

(2) At the poll, each individual entitled to vote may vote by marking on the ballot paper—

(a) the voter's first preference from among the candidates, and

(b) if the voter wishes to express a further preference for one or more candidates, the voter's second and, if the voter wishes, subsequent preferences from among those candidates.

(3) Election regulations must, in particular, make provision about—

(a) the manner in which and period during which votes may be cast,

(b) the form and content of ballot papers,

(c) the manner in which the number of votes which will secure the return of a candidate as an elected member is to be calculated,

(d) the procedure for counting votes,

(e) the declaration of the result of the poll.

Candidates S

8 (1) An individual is disqualified from being a candidate in a Health Board election if the individual is— S

(a) a member of the European Parliament,

(b) a member of the House of Commons,

(c) a member of the House of Lords,

(d) a member of the Scottish Parliament, or

(e) a local authority councillor.

(2) Election regulations may make further provision about—

(a) who is qualified to be a candidate in a Health Board election, and

(b) the circumstances in which an individual may be disqualified from being a candidate,

and, in particular, may disqualify from being a candidate an individual holding a post set out in a list of restricted posts maintained by the Health Board concerned for that purpose.

Franchise S

9 (1) An individual is entitled to vote at a Health Board election if the individual— S

(a) is aged 16 or over, and

(b) meets any further criteria specified in election regulations.

(2) Such further criteria may, in particular, provide that an individual is entitled to vote at a Health Board election only if the individual—

(a) is registered in the register of local government electors in respect of an address in the Health Board area, and

(b) would be entitled to vote at a local government election in an electoral area falling wholly or partly in the Health Board area (or would be so entitled if aged 18 or over).

(3) Election regulations may determine, or set out the criteria for determining, the electoral ward in which an individual is entitled to vote.

(4) Election regulations may not entitle an individual to vote—

(a) more than once in the same Health Board area, nor

(b) in more than one Health Board area.

Election expenses S

10 S Election regulations may make provision about the expenses which may be incurred by any person in connection with a Health Board election.

Vacancies S

11 (1) This paragraph applies if— S

(a) a returning officer declares a vacancy in an electoral ward (see paragraph 6), or

(b) an elected member vacates office before the end of the period mentioned in paragraph 10A(1) of Schedule 1.

(2) The Scottish Ministers may—

(a) direct the Health Board with the vacancy to invite an unelected candidate to fill the vacancy, or

(b) appoint, in accordance with any provision made by election regulations, an individual to fill the vacancy.

(3) If a vacancy arises less than 6 months before the date of the next Health Board election in the Health Board area where it arises, the Scottish Ministers may, instead of taking action under sub-paragraph (2), direct the Health Board to leave the vacancy unfilled until that next election.

(4) An individual who fills a vacancy is to be deemed to be an elected member of the Health Board elected for the ward in which the vacancy occurred.

(5) In sub-paragraph (2)(a), an “unelected candidate” is an individual who—

(a) was a nominated candidate in the last Health Board election to be held in the Health Board area, and

(b) is identified by criteria specified in election regulations.

Election regulations S

12 (1) The Scottish Ministers may make regulations (“election regulations”) in relation to any matter specified in this Schedule as something in relation to which provision may be made by election regulations. S

(2) Election regulations may make further provision about Health Board elections (in so far as not already provided for in this Schedule).

(3) In particular, election regulations may provide that an enactment applies (with or without modifications specified in the regulations) or does not apply to Health Board elections.

(4) In sub-paragraph (3), “enactment” includes an Act of the Scottish Parliament and any instrument made under such an Act.]

F31 F31 SCHEDULE 2 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Sch. 2 repealed (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(16); S.S.I. 2004/148, art. 2(c)

Section 5.

SCHEDULE 3 S The Planning Council F32

Textual Amendments

F32 Sch. 3 repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

Section 8.

SCHEDULE 4 S University Liaison Committees

The University Liaison Committee for any area or combination of areas shall consist of such number of members as the Secretary of State thinks fit; and of those members—

(a) not less than one-third shall be appointed by any university or universities appearing to the Secretary of State to have an interest in the health service in the area or combined areas;

(b) a number, equal to the number appointed under paragraph (a), shall be appointed by the Health Board for the area or, as the case may be, by the Health Boards for the combined areas acting jointly; and

(c) any other members shall be appointed in such manner as may be provided in the order constituting the Committee.

The Committee shall appoint one of their number to be chairman.

Section 10.

SCHEDULE 5 S The Agency

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

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

3 S The management committee shall consist of a chairman appointed by the Secretary of State and [F33 such other members as the Secretary of State may, after consultation with the Health Boards, appoint.]

Textual Amendments

F33 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 9

[F34 3A S The Secretary of State may pay to the chairman of the management committee [F35 and to such other members of the management committee as may be prescribed] such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.]

Textual Amendments

F34 Para. 3A inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 8(2)

F35 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 10

4 S 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 S 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 S 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 S The Agency may employ such officers and servants on such terms as to remuneration and conditions of service as the management committee may, F36 determine [F37 in accordance with regulations and any directions given under this paragraph by the Secretary of State].

Textual Amendments

F36 Words repealed by Health Services Act 1980 (c. 53), Sch. 7

F37 Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 8(3)(b)

[F38 7A S Regulations or directions under paragraph 7 may provide for approvals, authorisations or determinations to have effect from a date (which may be before or after the date of giving or making them but may not be before if to the detriment of such officers and servants) specified in them.]

Textual Amendments

F38 Sch. 5 para. 7A added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14(2), Sch. 7 para. 4(2)

[F39 7B S Regulations may provide for the transfer of officers and servants from the Agency to a Health Board or state hospital, and for arrangements under which the services of an officer or servant of the Agency are placed at the disposal of a Health Board or state hospital.]

Subordinate Legislation Made

P3 Sch. 5 para. 7B: s. 105(7) (with s. 108(1) and Sch. 5 para. 7B) power exercised by S.I. 1991/345

Textual Amendments

F39 Sch. 5 para. 7B, 7C inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 11

Modifications etc. (not altering text)

C46 Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

Sch. 5 para. 7B applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 5 para. 7B applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)

Sch. 5 para. 7B applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I

Sch. 5 para. 7B applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 5 para. 7B applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 5 para. 7B applied (with modifications) (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))

Sch. 5 para. 7B applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))

C47 Sch. 5 para. 7B applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

7C S Directions may be given by the Secretary of State—

(a) to the Agency to place services of any of its officers or servants at the disposal of a Health Board or state hospital; and

(b) to a Health Board or state hospital to employ as an officer or servant any person who is or was employed by the Agency and is specified in the direction,

and it shall be the duty of the Agency, a Health Board or a state hospital to comply with any such directions given to it.

Modifications etc. (not altering text)

C48 Sch. 1 paras. 1, 2, 4–7, 9–15, Sch. 5 paras. 7B, 7C applied by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I

C49 Sch. 5 para. 7C applied (1.4.1993) by S.I. 1993/577, art. 5(1), Sch. Pt. I (with art. 6)

Sch. 5 para. 7C applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt.I (with art. 6)

Sch. 5 para. 7C applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I

Sch. 5 para. 7C applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I

Sch. 5 para. 7C applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I

Sch. 5 para. 7C applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I

Sch. 5 para. 7C applied (with modifications) (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. (4))

Sch. 5 para. 7C applied (27.6.2002) by S.S.I. 2002/503, art. 5(1), Sch. Pt. I (with art. 4(4))

8 S 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.

[F40 8A S In connection with arrangements relating to community care services (within the meaning of section 5A(4) (local authority plans for community care services) of the Social Work (Scotland) Act 1968), regulations may make provision with respect to—

(a) the transfer to employment by a local authority of officers or servants employed by the Agency; and

(b) the transfer to employment by a National Health Service body of officers and servants transferred to employment by a local authority by virtue of this paragraph.

and for the purposes of this paragraph “National Health Service body” means the Agency, a Health Board or an NHS trust.]

Textual Amendments

F40 Sch. 5 paras. 8A, 8B inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 27(3), Sch. 5 para. 12

8B S Before making regulations under paragraph 7B or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.

9 S No officer or servant of the Agency to whom regulations [F41 or any directions given under paragraph 7] apply shall be employed otherwise than in accordance with the regulations [F41 or, as the case may be, the directions].

Textual Amendments

F41 Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 8(4)

F42 10 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Sch. 5 para. 10 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))

F43 11 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43 Sch. 5 para. 11 repealed (1.8.1995) by 1995 c. 7 ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3), Sch. 3(2))

12 S 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.

(introduced by section 10A(5))

F44 [F45 SCHEDULE 5A S Healthcare Improvement Scotland

Textual Amendments

F44 Sch. 5A inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 16; S.S.I. 2010/221, art. 3(2)(3), Sch.; S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F45 Sch. 5A inserted (1.8.2010 for certain purposes, 1.10.2010 for certain purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 110(1), 134(7), Sch. 16; S.S.I. 2010/221, art. 3(2)(3), Sch.; S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

Status S

1 (1) Healthcare Improvement Scotland is a body corporate. S

(2) HIS is not to be regarded as a servant or agent of the Crown, or as having any status, immunity or privilege of the Crown, nor are its members or its employees to be regarded as civil servants.

(3) HIS's property is not to be regarded as property of, or held on behalf of, the Crown.

Membership of HIS S

2 (1) HIS is to consist of the following members— S

(a) a person appointed by the Scottish Ministers to chair HIS;

(b) the person appointed under paragraph 2(1)(a) of schedule 11 to the Public Services Reform (Scotland) Act 2010 (asp 8) to chair Social Care and Social Work Improvement Scotland; and

(c) no fewer than 10 nor more than 13 other members appointed by the Scottish Ministers.

(2) The Scottish Ministers may by order amend sub-paragraph (1)(c) by substituting for the minimum or maximum number of members for the time being specified there such other number as they think fit.

(3) In appointing members, the Scottish Ministers are to have regard to the desirability of including—

(a) persons who have experience of, and have shown capacity and capability in, the provision of services provided under the health service or independent health care services;

(b) persons who use, or have used services provided under the health service or independent health care services;

(c) persons who have such other skills, knowledge or experience as the Scottish Ministers consider to be relevant in relation to the exercise of HIS's functions.

Terms of appointment etc. S

3 (1) Each member of HIS is to be appointed for such period as the Scottish Ministers think fit. S

(2) A member—

(a) holds and vacates office in accordance with the terms and conditions of appointment; but

(b) may, by written notice to the Scottish Ministers, resign office as a member.

(3) A person is, on ceasing to be a member, eligible for reappointment.

Removal of members S

4 S The Scottish Ministers may, by written notice, remove a member from office if they are satisfied that—

(a) the member—

(i) has been adjudged bankrupt;

(ii) has granted a trust deed for creditors or a composition contract;

(iii) has proposed a voluntary arrangement which has been approved;

(b) the member's estate has been sequestrated;

(c) the member has been absent from 3 consecutive meetings of HIS without the permission of HIS;

(d) the member is otherwise unfit or unable to discharge the functions of a member.

Disqualification from membership S

5 S A person is disqualified from appointment, and from holding office, as a member of HIS if that person is—

(a) a member of the Scottish Parliament;

(b) a member of the House of Commons;

(c) a member of the European Parliament.

Remuneration and allowances for members S

6 S HIS must pay to each of its members such—

(a) remuneration; and

(b) allowances and expenses,

as the Scottish Ministers may determine.

Chief executive and other employees S

7 (1) HIS is to employ a chief executive. S

(2) The chief executive must be a member of HIS.

(3) The Scottish Ministers are to make the first appointment of the chief executive on such terms and conditions as the Scottish Ministers may determine.

(4) Each subsequent chief executive is, with the approval of the Scottish Ministers, to be appointed by HIS on such terms and conditions as HIS may, with such approval, determine.

(5) HIS may (subject to any directions given under sub-paragraph (6)) appoint such other employees on such terms and conditions as HIS may determine.

(6) The Scottish Ministers may give directions to HIS as regards—

(a) the appointment of employees under sub-paragraph (5); and

(b) the terms and conditions of their employment.

(7) HIS may, with the approval of the Scottish Ministers—

(a) pay or make arrangements for the payment;

(b) make payments or contributions towards the provision;

(c) provide and maintain schemes (whether contributory or not) for the payment,

of such pensions, allowances or gratuities to or in respect of any person who is or has ceased to be an employee of HIS, as it may determine.

(8) The reference in sub-paragraph (7) to pensions, allowances and gratuities includes a reference to pensions, allowances and gratuities by way of compensation for loss of employment.

[F46 Medical reviewers S

Textual Amendments

F46 Sch. 5A para. 7A inserted (8.6.2013) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), sch. 1 para. 2; S.S.I. 2013/159, art. 2, sch.

7A (1) HIS must appoint persons employed under paragraph 7(5) to exercise the functions of medical reviewers; and when doing so those employees are to be known as medical reviewers. S

(2) HIS must appoint a person employed under paragraph 7(5) to exercise the functions of the senior medical reviewer; and when doing so that employee is to be known as the senior medical reviewer.

(3) A person appointed as a medical reviewer or the senior medical reviewer must—

(a) be a medical practitioner;

(b) have been so throughout the 5 years prior to appointment; and

(c) have such other qualifications, training and experience as may be specified by regulations.

(4) A member of HIS may not exercise the functions of—

(a) a medical reviewer; or

(b) the senior medical reviewer.

(5) An employee of HIS (other than a medical reviewer) may not exercise any function of a medical reviewer other than those under section 17.

(6) An employee of HIS (other than the senior medical reviewer) may not exercise the functions of the senior medical reviewer (except by virtue of arrangements made under paragraph 11(2C)).

(7) An appointment as a medical reviewer or the senior medical reviewer does not affect the appointed person's status as employed under paragraph 7(5).]

Committees S

8 (1) HIS may establish committees for any purpose relating to its functions. S

(2) Subject to section 10Z16, HIS is to determine the composition of its committees.

(3) HIS may appoint persons who are not members of HIS to be members of a committee.

(4) A committee of HIS is to comply with any directions given to it by HIS.

Procedure and meetings S

9 (1) HIS may determine its own procedure and that of its committees, including a quorum for meetings. S

(2) The validity of any proceedings of HIS, or any of its committees, is not affected by a vacancy in membership nor by any defect in the appointment of a member.

(3) Members of—

(a) the Scottish Executive and persons authorised by the Scottish Ministers;

(b) Social Care and Social Work Improvement Scotland and persons authorised by it,

may attend and take part in meetings of HIS or any of its committees, but are not entitled to vote at such meetings.

General powers S

10 (1) HIS may do anything which appears to be necessary or expedient for the purpose of, or in connection with, or which appears conducive to, the exercise of its functions. S

(2) In particular, HIS may—

(a) enter into contracts;

(b) with the consent of the Scottish Ministers—

(i) borrow money;

(ii) acquire and dispose of land;

(iii) borrow sums in sterling by way of overdraft for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet that expenditure.

Delegation of functions S

11 (1) HIS may, subject to sub-paragraphs (2) [F47 to] (3) authorise— S

(a) the chief executive;

(b) any other employee;

(c) any of its committees,

to exercise such of its functions, and to such extent, as it may determine.

(2) HIS may not authorise any of the following functions to be exercised by any other person—

(a) the approval of annual reports and accounts;

(b) the approval of any budget or other financial plan.

[F48 (2A) HIS may authorise an employee to carry out the functions of a medical reviewer under section 17.

(2B) Any other function conferred on a medical reviewer or the senior medical reviewer may not, subject to sub-paragraph (2C), be delegated by HIS.

(2C) The senior medical reviewer may, with the approval of HIS, make arrangements for the functions of the senior medical reviewer to be carried out by a medical reviewer where the senior medical reviewer is absent or otherwise unavailable.]

(3) Sub-paragraph (1) does not affect the responsibility of HIS for the exercise of its functions.

Textual Amendments

F47 Word in Sch. 5A para. 11(1) substituted (8.6.2013) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), Sch. 1 para. 3(a); S.S.I. 2013/159, art. 2, Sch.

F48 Sch. 5A para. 11(2A)-(2C) inserted (8.6.2013) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), Sch. 1 para. 3(b); S.S.I. 2013/159, art. 2, Sch.

Location of office S

12 S HIS's determination of the location of its office premises is subject to the approval of the Scottish Ministers.

Accounts S

13 (1) HIS must— S

(a) keep proper accounts and accounting records;

(b) prepare in respect of each financial year a statement of accounts; and

(c) send a copy of the statement to the Scottish Ministers,

and must do so in accordance with any directions the Scottish Ministers may give.

(2) HIS must send the statement of accounts to the Auditor General for Scotland for auditing.

Reports S

14 (1) As soon as practicable after the end of each financial year, HIS must prepare a report which is— S

(a) to provide information on the discharge of HIS's functions during that year; and

(b) to include a copy of the statement of accounts for that year audited by the Auditor General for Scotland.

(2) HIS must—

(a) publish the report;

(b) lay a copy of the report before the Scottish Parliament;

(c) send a copy of the report to the Scottish Ministers.

(3) HIS may publish such other reports and information on matters relevant to the functions of HIS as it considers appropriate.]

F49 F49 SCHEDULE 6 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49 Sch. 6 repealed (6.5.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(17); S.S.I. 2004/198, art. 2(c)

SCHEDULE 7 S The Research Trust

1 S F60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60 Sch. 7 para. 1 repealed (1.11.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(a), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

2 S The Research Trust shall be a body corporate.

S

[F61 Members

Textual Amendments

F61 Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

3 S Subject to paragraph 3A, the Research Trust shall consist of such number of members appointed by the Trust as the Trust may determine.

Textual Amendments

F61 Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

3A (1) The persons who are the members of the Research Trust immediately before the day on which section 38 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) comes into force shall, on that day, continue to be members (the “continuing members”). S

(2) The terms and conditions of appointment of the continuing members shall, on the 90th day after whichever of the following occurs first—

(a) the day on which that section comes into force; or

(b) the day on which the Research Trust first make standing orders under paragraph 3F,

be the terms and conditions of appointment the Research Trust determine for the members appointed by them under paragraph 3B(1).

(3) The provisions of paragraphs 3B(2) and (3) to 3D and 3F shall apply to the continuing members as they apply to members appointed under paragraph 3; and in the application of paragraph 3C any period of appointment of a continuing member as a member (before he became a continuing member by virtue of sub-paragraph (1)) shall count for the purposes of determining eligibility for re-appointment in accordance with paragraph 3C.

Textual Amendments

F61 Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

S

Terms of office etc

3B (1) Subject to the provisions of this Schedule, the appointment of a member under paragraph 3 shall be on such terms and conditions as the Research Trust may determine, but shall not be for a period exceeding 4 years. S

(2) A person holds and vacates office as member in accordance with the person's terms of appointment.

(3) A person may resign office as member at any time by notice in writing to the Research Trust.

Textual Amendments

F61 Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

S

Eligibility for re-appointment

3C S A person who ceases to be a member of the Research Trust shall be eligible for re-appointment, but only once.

Textual Amendments

F61 Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

S

Payments to members

3D S The Research Trust may make payments from their funds to their members in respect of any loss of earnings the members would otherwise have made or any additional expenses to which they would not otherwise have been subject, being loss of expenses necessarily suffered or incurred for the purpose of enabling the members to discharge their duties as members of the Trust.

Textual Amendments

F61 Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

S

Staff

3E (1) The Research Trust may appoint such staff, on such terms and conditions (including as to remuneration and allowances), as they consider appropriate. S

(2) The Research Trust may—

(a) pay, or make arrangements for the payment of;

(b) make payments towards the provision of; and

(c) provide and maintain schemes (whether contributory or not) for the payment of,

such pensions, allowances and gratuities to or in respect of such of their employees, or former employees, as they may determine.

(3) The reference in sub-paragraph (1) to pensions, allowances and gratuities includes a reference to pensions, allowances and gratuities by way of compensation for loss of employment or reduction in remuneration.

Textual Amendments

F61 Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

S

Standing orders

3F (1) The Research Trust— S

(a) shall make and maintain standing orders regulating—

(i) the appointment by them of members;

(ii) the appointment of a member as convener;

(iii) the terms and conditions of office of members and convener;

(iv) their procedure;

(v) such other matters as the Research Trust consider appropriate;

(b) may, subject to sub-sub-paragraph (a), amend such standing orders from time to time.

(2) The first set of standing orders under this paragraph shall be made before the expiry of the period of 90 days beginning with the day on which section 38 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) comes into force.

(3) Subject to the provisions of this Schedule, the Research Trust may regulate their own procedure.

(4) The validity of any proceedings of the Research Trust shall not be affected by any vacancy in membership nor by any defect in the appointment of a member.

Textual Amendments

F61 Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

S

Powers etc.

3G S The Research Trust may do anything which appears to them to be necessary or expedient for the purpose of, or in connection with, the exercise of their functions.

Textual Amendments

F61 Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

4 S F62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

F62 Sch. 7 para. 4 repealed (1.1.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), ss. 95, 107(2), Sch. 3 para. 5; S.S.I. 2005/644, art. 2(1), Sch.

5 S The Research Trust shall have, in relation to their funds, the like powers as trustees have in relation to their trust estate under subsection (1) of section 4 of the M10 Trusts (Scotland) Act 1921.

Textual Amendments

F61 Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

Marginal Citations

M10 1921 c. 58.

6 S Where the Research Trust borrow money or draw upon capital to meet expenditure of a capital nature, they shall set aside annually a sum sufficient to repay such loan or draft within a period which F63 . . . shall not exceed 30 years; but this paragraph shall not apply in the case of a draft on capital to the extent only of surplus income added to capital.

Textual Amendments

F61 Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

F63 Words in Sch. 7 para. 6 repealed (1.11.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(c), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

7 S F64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F61 Sch. 7 paras. 3-3G and cross-headings substituted (1.11.2005) for Sch. 7 para. 3 by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(b), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

F64 Sch. 7 para. 7 repealed (1.11.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 38(3)(d), 43(3); S.S.I. 2005/492, art. 3(b), Sch. 2

[F65 F66 SCHEDULE 7A S National Health Service Trusts

Textual Amendments

F65 Schs. 7A, 7B inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 32, Sch. 6

F66 Sch. 7A repealed (1.9.2004 but only for the purpose stated in art. 2(a)(i) of the commencing S.S.I.) by National Health Service Reform (Scotland) Act 2004 (asp 7), ss. 1(1), 12(1), S.S.I. 2004/361, art. 2(a)(i)

Modifications etc. (not altering text)

C50 Sch. 7A applied in part (1.4.1999) by S.I. 1999/686, art. 5(1)(2)

Part I S Orders Establishing NHS Trusts Etc.

1 S Any reference in this Part of this Schedule to an order is a reference to an order under section 12A(1) establishing an NHS trust or any subsequent order under that provision amending or revoking a previous order.

Subordinate Legislation Made

P4 Sch. 7A para. 1: s. 12A(1)(4) (with Sch. 7A paras. 1, 3, 4, 5, 6(2)(d)) power exercised (18.12.1991) by S.I. 1991/2898.

Sch. 7A para. 1: s. 12A(1)(4) (with Sch. 7A paras. 1, 3, 4, 5, 6(2)(d)) power exercised (18.12.1991) by S.I. 1991/2899.

2 S The provisions made by an order shall be in conformity with any general provision made by regulations under section 12A(5).

3 (1) Without prejudice to any amendment made by subsequent order, the first order to be made in relation to any NHS trust shall specify— S

(a) the name of the trust;

(b) the functions of the trust;

(c) the number of executive directors and [F67 trustees];

(d) where the trust is to be regarded as having a significant teaching commitment, a provision to secure the inclusion in the [F67 trustees] referred to in paragraph (c) of a person appointed from a university with a medical or dental school specified in the order;

(e) the operational date of the trust, that is to say, the date on which the trust is to begin to undertake the whole of the functions conferred on it; and

(f) if a scheme is to be made under section 12B, the body (being a Health Board or the Agency) which is to make the scheme.

(2) For the purposes of sub-paragraph (1)(d), an NHS trust is to be regarded as having a significant teaching commitment in the following cases—

(a) if the trust is established to [F68 provide services at] a hospital or other establishment or facility which, in the opinion of the Secretary of State, has a significant teaching and research commitment; and

(b) in any other case, if the Secretary of State so provides in the order.

(a) is employed by the university in question; and

(b) would also, apart from this sub-paragraph, be regarded as employed by the trust,

his employment by the trust shall be disregarded in determining whether, if appointed, he will be a [F67 trustee] of the trust.

(4) An order shall specify the accounting date of the trust.

Textual Amendments

F67 Words in Sch. 7A para. 3(1)(c)(d),(3) substituted (1.10.1999) by virtue of 1999 c. 8, s. 65, Sch. 4 para. 62; S.S.I. 1999/90, art. 2(b), Sch. 1

F68 Words in Sch. 7A para. 3(2)(a) substituted (retrospectively) by 1999 c. 8, s. 46(6)(8); S.S.I. 1999/90, art. 2(a), Sch. 1

4 (1) An order may require a Health Board and the Agency to make staff, premises and other facilities available to an NHS trust pending the transfer or appointment of staff to or by the trust and the transfer of premises or other facilities to the trust. S

(2) An order making provision under this paragraph may make provision with respect to the time when the Health Board’s functions under the provision are to come to an end.

5 (1) An order may provide for the establishment of an NHS trust with effect from a date earlier than the operational date of the trust and, during the period between that earlier date and the operational date, the trust shall have such limited functions for the purposes of enabling it to begin to operate satisfactorily with effect from the operational date as may be specified in the order. S

(2) If an order makes the provision referred to in sub-paragraph (1), then, at any time during the period referred to in that sub-paragraph, the NHS trust shall be regarded as properly constituted (and may carry out its limited functions accordingly) notwithstanding that, at that time, all or any of the executive officers have not yet been appointed.

(3) If an order makes the provisions referred to in sub-paragraph (1) above, the order may require a Health Board to discharge such liabilities of the NHS trust as—

(a) may be incurred during the period referred to in that sub-paragraph; and

(b) are of a description specified in the order.

Part II S Duties, Powers and Status of NHS Trusts

Specific duties S

6 [F69 (1) In carrying out the functions for the time being conferred on it an NHS trust shall comply with any directions given to it by the Secretary of State, whether of a general or of a particular nature.] S

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69 Sch. 7A para. 6(1) substituted (1.10.1999) by 1999 c. 8, s. 49(2); S.S.I. 1999/90, art. 2(a), Sch. 1

7 (1) For each accounting year an NHS trust shall prepare and send to the Secretary of State an annual report in such form as may be determined by the Secretary of State. S

(2) At such time or times as may be prescribed, an NHS trust shall hold a public meeting at which its audited accounts, its annual report, and such other documents as may be prescribed shall be presented.

(3) In such circumstances and at such time or times as may be prescribed, an NHS trust shall hold a public meeting at which such documents as may be prescribed shall be presented.

Subordinate Legislation Made

P5 Sch. 7A para. 7(2): S. 12A(5) (with ss. 105(7), 108(1) and Sch. 7A para. 7(2)) power exercised by S.I. 1991/535

8 S An NHS trust shall furnish to the Secretary of State such reports, returns and other information, including information as to its forward planning as, and in such form as, he may require.

9 (1) An NHS trust shall be liable to pay— S

(a) to the chairman and any [F70 trustee] of the trust—

(i) remuneration of an amount determined by the Secretary of State, not exceeding such amount as may be approved by the Treasury; and

(ii) such travelling and other allowances as may be determined by the Secretary of State with the approval of the Treasury; and

(b) to any member of a committee or sub-committee of the trust who is not also a director such travelling and other allowances as may be so determined.

(2) If an NHS trust so determines in the case of a person who is or has been a chairman of the trust, the trust shall be liable to pay such pension, allowances or gratuities to or in respect of him as may be determined by the Secretary of State with the approval of the Treasury.

(3) Different determinations may be made under sub-paragraph (1) or (2) in relation to different cases or description of cases.

Textual Amendments

F70 Words in s. 9(1)(a) substituted (1.10.1999) by virtue of 1999 c.8, s. 65, Sch. 4 para. 62(a); S.I. 1999/90, art. 2(b), Sch. 1

Specific powers S

10 S An NHS trust may enter into NHS contracts.

11 S An NHS trust may undertake and commission research and make available staff and provide facilities for research by other persons.

12 S An NHS trust may—

(a) provide training for persons employed or likely to be employed by the trust or otherwise in the provision of services under this Act; and

(b) make facilities and staff available in connection with training by a university or any other body providing training in connection with the health service.

13 S An NHS trust may enter into arrangements for the carrying out on such terms as seem to it to be appropriate, of any of its functions jointly with any Health Board, with the Agency, with another NHS trust or with any other body or individual.

14 S According to the nature of its functions, an NHS trust may make accommodation or services or both available for patients who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation or services (or both) such charges as the trust may determine.

15 S For the purpose of making additional income available in order better to perform its functions, an NHS trust shall have the powers specified in section 7(2) of the Health and Medicines Act M11 1988 (extension of powers of Secretary of State for financing the Health Service).

Marginal Citations

M11 1988 c.49(113:2).

General powers S

16 S Subject to Schedule 7B, an NHS trust shall have power to do anything which appears to it to be necessary or expedient for the purpose of or in connection with the discharge of its functions, including in particular power—

(a) to acquire and dispose of land and other property;

(b) to enter into such contracts as seem to the trust to be appropriate;

(c) to accept gifts of money, land or other property, including money, land or other property to be held on trust, for purposes relating to any service which it is their function to provide, administer, or make arrangements for F71 . . .; and

(d) to employ staff on such terms as the trust thinks fit.

Textual Amendments

F71 Words in Sch. 7A para. 16(c) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(b), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2

17 S In connection with arrangements relating to community care services (within the meaning of section 5A(4) (local authority plans for community care services) of the Social Work (Scotland) Act 1968), the Secretary of State may by regulations make provision with respect to—

(a) the transfer to employment by a local authority of staff employed by an NHS trust; and

(b) the transfer to employment by a national Health Service body of staff transferred to employment by a local authority by virtue of this paragraph.

and for the purposes of this paragraph “National Health Service body” means an NHS trust, a Health Board or the Agency.

18 S Regulations made under paragraph 17 may make such incidental and consequential provision in relation to staff transferred by virtue of that paragraph as may be made in relation to officers and servants of a Health Board transferred by virtue of regulations made under paragraph 8A of Schedule 1.

19 S Before making regulations under paragraph 17, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.

20 (1) Without prejudice to the generality of paragraph 16, to or in respect of such of its employees as it may determine, an NHS trust may make such arrangements for providing pensions, allowances or gratuities as it may determine; and such arrangements may include the establishment and administration, by the trust or otherwise, of one or more pension schemes. S

(2) The reference in sub-paragraph (1) to pensions, allowances or gratuities to or in respect of employees of an NHS trust includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the trust’s employees who suffer loss of office or employment or loss of diminution of emoluments.

Status S

21 S An NHS trust shall not be regarded as the servant or agent of the Crown or, except as provided by this Act, as enjoying any status, immunity or privilege of the Crown; and an NHS trust’s property shall not be regarded as property of, or property held on behalf of, the Crown.

Part III S Supplementary Provisions

Reimbursement for health services work carried out otherwise than under contract S

22 (1) In any case where an NHS trust provides goods or services for the benefit of an individual and— S

(a) those goods or services are not provided pursuant to an NHS contract; and

(b) the condition of the individual is such that he needs those goods or services and, having regard to his condition, it is not practicable before providing them to enter into an NHS contract for their provision, and

(c) the provision of those goods or services is a function of a Health Board or is within the primary functions of a [F72 Health Authority established under section 8] of the National Health Service Act 1977, F73 . . .

the trust shall be remunerated by that Board F74 . . . [F75 or Health and Social Services Board] in respect of the provision of the goods or services in question.

(2) The rate of any remuneration payable by virtue of sub-paragraph (1) shall be calculated in such manner or on such basis as may be determined by the Secretary of State.

Textual Amendments

F72 Words in Sch. 7A para. 22(1)(c) substituted (28.6.1995 for certain purposes and 1.4.1996 for all other purposes) by 1995 c. 17, ss. 2(1), 2(3), 8(1), Sch. 1 Pt. III para. 102(7)(b)(i) (with Sch. 2 para. 6)

F73 Words in Sch. 7A para. 22(1)(c) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(c), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2

F74 Words in Sch. 7A para. 22(1) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(c), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2

F75 Words in Sch. 7A para. 22(1) inserted by S.I. 1991/195, art. 4(6)

F76 23 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Sch. 7A para. 23 repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(d), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2

Use and development of land used for religious purposes and burial grounds S

24 U.K. Where land consisting of a church or other building used or formerly used for religious worship, or the site thereof, or a burial ground, within the meaning of [F77 section 197 of the Town and Country Planning (Scotland) Act 1997] (provisions as to churches and burial grounds), is held by an NHS trust for any of its purposes, that section applies to the land as if—

(a) the land had been acquired by the trust as mentioned in subsection (1) of that section; and

(b) the trust were a statutory undertaker, within the meaing of that Act.

Textual Amendments

F77 Words in Sch. 7A para. 24 substituted (27.5.1997) by virtue of 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 46(1)

Part IV S Dissolution

25 (1) The Secretary of State may by order dissolve an NHS trust. S

(2) An order under this paragraph may be made—

(a) on the application of the NHS trust concerned; or

(b) if the Secretary of State considers it appropriate in the interests of the health service as a whole.

(3) Except where it appears to the Secretary of State necessary to make an order under this paragraph as a matter of urgency, no such order shall be made until after the completion of such consultation as may be prescribed.

26 (1) If an NHS trust is dissolved under this Part of this Schedule, the Secretary of State may by order transfer or provide for the transfer to— S

(a) the Secretary of State, or

(b) a Health Board, or

(c) the Agency, or

(d) another NHS trust.

of such of the property, rights and liabilities of the NHS trust which is dissolved as in his opinion is appropriate and any such order may include provisions corresponding to those of section 12D.

[F78 (1A) For the avoidance of doubt, the reference to “property, rights and liabilities” in sub-paragraph (1) includes endowments and property held in trust.]

(2) An order under this paragraph may make provision in connection with the transfer of staff employed by or for the purposes of the NHS trust which is dissolved; and such an order may include provisions corresponding to those of sections 12B and 12C, including provision for the making of a scheme by such body (being a Health Board or the Agency) as may be specified in the order.

(3) No order shall be made under this paragraph until after completion of such consultation as may be prescribed.

Textual Amendments

F78 Sch. 7A para. 26(1A) inserted (30.9.2004) by National Health Service Reform (Scotland) Act 2004 (asp 7), ss. 1(3), 12(1); S.S.I. 2004/361, art. 2(b)(i)

27 S If an NHS trust is dissolved under this Part of this Schedule, the Secretary of State or such other NHS trust or Health Board as he may direct or, if he so directs, the Agency shall undertake the responsibility for the continued payment of any such pension, allowances or gratuities as, by virtue of paragraph 9(2) or paragraph 20 above, would otherwise have been the responsibility of the trust which has been dissolved.

28 S An NHS trust may not be dissolved or wound up except in accordance with this Part of this Schedule.]

[F79 SCHEDULE 7B S Financial Provisions relating to NHS Trusts

Textual Amendments

F79 Schs. 7A, 7B inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 32, Sch. 6

Borrowing S

1 (1) Subject to [F80 any direction given by the Secretary of State, to]]the provisions of this paragraph and to any limit imposed under the following provisions of this Schedule, for the purpose of its functions an NHS trust may borrow (both temporarily, by way of overdraft, and longer term) from the Secretary of State or from any other person. S

(2) An NHS trust may not grant any security over any of its assets or in any other way use any of its assets as security for a loan.

F81 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F82 (6) It shall be for the Secretary of State, with the consent of the Treasury, to determine the terms of any loan made by him to an NHS trust (including terms as to the payment of interest, if any).]

Textual Amendments

F80 Words in Sch. 7B para. 1(1) inserted (1.10.1999) by 1999 c. 8, s. 55(2); S.S.I. 1999/90, art. 2(a), Sch. 1

F81 Sch. 7B para. 1(3)-(5) repealed (1.10.1999) by 1999 c. 8, ss. 55(3), 65(2), Sch. 5; S.S.I. 1999/90, art. 2(a)(c), Sch. 1, Sch. 2

F82 Sch. 7B para. 1(6) substituted (1.10.1999) by 1999 c. 8, s. 55(4); S.S.I. 1999/90, art. 2(a)

Guarantees of borrowing S

2 (1) The Secretary of State may guarantee, in such manner and on such conditions as, with the approval of the Treasury, he considers appropriate, the repayments of the principal of and the payment of interest on any sums which an NHS trust borrows from a person other than the Secretary of State. S

(2) Immediately after a guarantee is given under this paragraph, the Secretary of State shall lay a statement of the guarantee before each House of Parliament.

(3) Where any sum is issued for fulfilling a guarantee so given, the Secretary of State shall lay before each House of Parliament a statement relating to that sum as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged.

(4) If any sums are issued in fulfilment of a guarantee given under this paragraph, the NHS trust concerned shall make to the Secretary of State, at such times and in such manner as the Secretary of State may from time to time direct,—

(a) payments of such amounts as the Secretary of State with the consent of the Treasury so directs in or towards repayment of the sums so issued; and

(b) payments of interest, at such rates as the Secretary of State with the consent of the Treasury so directs, on what is outstanding for the time being in respect of sums so issued.

[F83 Surplus funds S

Textual Amendments

F83 Cross-heading and Sch. 7B paras. 2A, 2B inserted (1.4.2000) by 2000 asp 1, s. 8, Sch. 1 para. 2(1); S.S.I. 2000/10, art. 2(3)

F84 2A S In any financial year the net aggregate amount of sums borrowed by NHS trusts shall not exceed the amount specified for that year for the purposes of this paragraph in a Budget Act.

Textual Amendments

F84 Sch. 7B paras. 2A, 2B and cross-heading inserted (1.4.2000) by 2000 asp 1, s. 8, Sch. 1 para. 2(1); S.S.I. 2000/10, art. 2(3)

F85 2B S In paragraph 2A above, “net aggregate amount” means the aggregate amount of sums borrowed in the financial year less any repayments made during that year (otherwise than by way of interest) in respect of sums borrowed in that or any other year.]

Textual Amendments

F85 Sch. 7B paras. 2A, 2B and cross heading inserted (1.4.2000) by 2000 asp 1, s. 8, Sch. 1 para. 2(1); S.S.I. 2000/10, art. 2(3)

Limits on indebtedness S

F86 3 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F86 Sch. 7B paras. 3-4 repealed (1.4.2000) by 2000 asp 1, s. 8, Sch. 1 para. 2(2); S.S.I. 2000/10, art. 2(3)

F87 4 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87 Sch. 7B paras. 3-4 repealed (1.4.2000) by 2000 asp 1, s. 8, Sch. 1 para. 2(2); S.S.I. 2000/10, art. 2(3)

Additional public dividend capital S

5 (1) If the Secretary of State, with the consent of the Treasury, considers it appropriate to do so, he may, instead of making a loan to an NHS trust under paragraph 1, pay an amount to the trust as public dividend capital. S

F88 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88 Sch. 7B para. 5(2) repealed (1.10.1999) by 1999 c. 8, ss. 53(6), 65(2), Sch. 5; S.S.I. 1999/90, art. 2(a)(c), Sch. 1, Sch. 2

Surplus funds S

6 S If it appears to the Secretary of State that any [F89 sum held by an NHS trust other than a sum held on trust under section 12G] is surplus to its foreseeable requirements, the trust shall, if the Secretary of State with the approval of the Treasury and after consultation with the trust so directs, pay [F89 that sum] into the Consolidated Fund.

Textual Amendments

F89 Words in Sch. 7B para. 6 substituted (1.10.1999) by 1999 c. 8, s. 65(1), Sch. 4 para. 63(2)(a)(b); S.S.I. 1999/90, art. 2(a)(b), Sch. 1

Investment S

[F90 7 S An NHS trust shall have power to invest money held by it in any investments, including investments which do not produce income, specified in directions made by the Secretary of State with the consent of the Treasury; but nothing in this paragraph applies in relation to money held on trust under section 12G.]

Textual Amendments

F90 Sch. 7B para. 7 substituted (1.10.1999) by 1999 c. 8, s. 65(1), Sch. 4 para. 63(3); S.S.I. 1999/90, art. 2(a)(b), Sch. 1

[F91 8 S Any direction with respect to—

(a) the power conferred on an NHS trust by paragraph 1; or

(b) the maximum amount which an NHS trust may invest in any investment or class of investment,

may be given only with the consent of the Treasury.]

Textual Amendments

F91 Sch. 7B para. 8 inserted (1.10.1999) by 1999 c. 8, s. 65(1), Sch. 4 para. 63(4); S.S.I. 1999/90, art. 2(a)(b), Sch. 1

Section 29.

SCHEDULE 8 S The Tribunal

[F92 1 S The Tribunal shall consist of—

(a) a chairman appointed by the Lord President of the Court of Session,

(b) such number of deputy chairmen as may be so appointed,

(c) such number of persons as the Secretary of State may appoint for the purposes of this sub-paragraph,

(d) such number of medical practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,

(e) such number of medical practitioners having the qualifications prescribed under section 26 as the Secretary of State may appoint for the purposes of this sub-paragraph,

(f) such number of dental practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,

(g) such number of ophthalmic opticians as the Secretary of State may appoint for the purposes of this sub-paragraph, and

(h) such number of registered pharmacists as the Secretary of State may appoint for the purposes of this sub-paragraph.]

Textual Amendments

F92 Sch. 8 paras. 1-4 substituted for Sch. 8 paras. 1-6 (1.1.1996) by 1995 c. 31, s. 12(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)

Modifications etc. (not altering text)

C51 Sch. 8 para 1 amended (prosp.) by 1954 c. 61 s. 13I (as inserted by 1997 c. 19, s. 1 Sch.)

F93 2 S A person appointed as the chairman or a deputy chairman shall be a practising—

(a) advocate; or

(b) solicitor,

of not less than ten years’ standing.

Textual Amendments

F93 Sch. 8 paras. 1-4 substituted for Sch 8 paras. 1-6 (1.1.1996) by 1995 c. 31, s. 12(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)

F94 3 S Any appointment for the purposes of paragraph 1(c) above shall be made after consultation with such body as the Secretary of State may recognise as representative of Health Boards.

Textual Amendments

F94 Sch. 8 paras. 1-4 substituted for Sch. 8 paras. 1-6 (1.1.1996) by 1995 c. 31, s. 12(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)

F95 4 S Any appointment for the purposes of any of sub-paragraphs (d) to (h) of paragraph 1 above shall be made after consultation with such organisations as the Secretary of State may recognise as representative of the profession or calling concerned.

Textual Amendments

F95 Sch. 8 paras. 1-4 substituted for Sch. 8 paras. 1-6 (1.1.1996) by 1995 c. 31, s. 12(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 S Regulations may make provision—

(a) with respect to the appointment, tenure of office and vacation of office of members of the Tribunal;

(b) with respect to the appointment of officers of the Tribunal.

[F97 8 (1) The functions of the Tribunal shall be exercised by three members consisting of— S

(a) the chairman or a deputy chairman,

(b) a person appointed under paragraph 1(c) above, and

(c) a person appointed under such one of sub-paragraphs (d) to (h) of paragraph 1 above as provides for the appointment of persons of the same profession or calling as that of the person concerned.

(2) In sub-paragraph (1)(c) above [F98 as it has effect in relation to the functions mentioned below], the reference to the person concerned is—

(a) in the case of functions under [F99 section 29 to 29C], to the person to whom the representations in question relate,

(b) in the case of functions under section 30 (or paragraph 6 of Schedule 15), to the person whose [F100 disqualification or conditional disqualification] is under consideration,

(c) in the case of functions under section 32A, to the person to whom the application in question relates, and

(d) in the case of functions under section 32B, to the person in relation to whom [F101 section 32A(3) may be made to apply or continue to apply].

(2A) F102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the case of functions under section 32A or 32B, sub-paragraph (1) above is subject to section 32C(2)(b).]

Textual Amendments

F97 Sch. 8 para. 8 inserted (1.1.1996) by 1995 c. 31, s. 12(3); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)

F98 Words in Sch. 8 para. 8(2) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 58(2); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

F99 Words in Sch. 8 para. 2(a) substituted (4.3.2004) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 64(a); S.S.I. 2004/32, art. 2(2)(c) (with savings for effects of 1999 c. 8 by S.S.I. 2004/31, art. 3)

F100 Words in Sch. 8 para. 8(2)(b) substituted (1.4.2006) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 42(1), 43(3), Sch. 2 para. 2(20); S.S.I. 2006/121, art. 3(b), Sch. 2

F101 Words in Sch. 8 para. 2(d) substituted (4.3.2004) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 64(c); S.S.I. 2004/32, art. 2(2)(c) (with savings for effects of 1999 c. 8 by S.S.I. 2004/31, art. 3)

F102 Sch. 8 para. 8(2A) repealed (2.7.2010) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 42(2), 43(3), Sch. 3; S.S.I. 2010/185, art. 3(b), Sch. 2 Table

Section 35.

SCHEDULE 9 S Additional Provisions as to Prohibition of Sale of Medical Practices

Prohibition, and certificate of Practices Committee S

1 (1) Any person who sells or buys the goodwill F103 . . .of a medical practice which it is unlawful to sell by virtue of section 35(1) is guilty of an offence and liable on conviction on indictment to a fine F104 or to imprisonment for a term not exceeding 3 months, or to both such fine and such imprisonment. S

F105 (2) Any person proposing to be a party to a transaction or series of transactions which he thinks might amount to a sale of the goodwill of a medical practice in contravention of section 35(1) may ask the [F106 Health Board which has arrangements with the [F107 person, under which, or in accordance with which, services as specified in section 35(1) are provided or performed,]] for a certificate under this paragraph.

(3) [F108 That Health Board] shall consider any such application, and, if they are satisfied that the transaction or series of transactions does not involve the giving of valuable consideration in respect of the goodwill, or any part of the goodwill F109 . . . of such a medical practice, they shall issue to the applicant a certificate to that effect, which shall be in the prescribed form and shall set out all material circumstances disclosed to [F110 the Board].

(4) Where any person is charged with an offence under this paragraph in respect of any transaction or series of transactions, it shall be a defence to the charge to prove that the transaction or series of transactions was certified by the [F111 Health Board] under sub-paragraph (3).

(5) Any document purporting to be such a certificate shall be admissible in evidence and shall be deemed to be such a certificate unless the contrary is proved.

(6) If it appears to the court that the applicant for any such certificate failed to disclose to the [F112 Board] all the material circumstances, or made any misrepresentation with respect thereto, the court may disregard the certificate, and sub-paragraph (4) shall not apply thereto.

(7) [F113 A Health Board] shall, at the request of the Lord Advocate, furnish him with a copy of any certificate issued by them under sub-paragraph (3), and with copies of any documents produced to them in connection with the application for that certificate.

F114 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103 Words in Sch. 9 para. 1(1) repealed (1.4.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I para. 59(2), Sch. 3 Pt. I; S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

F104 Sch. 9 para. 1(1)(a)(b) and words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F105 Sch. 9 para. 1(2) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 59(3); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

F106 Words in Sch. 9 para. 1(2) substituted (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(18)(a); S.S.I. 2004/148, art. 2(c)

F107 Words in Sch. 9 para. 1(2) substituted (1.2.2006) by The Primary Medical Services (Scotland) Act 2004 (Modification of the National Health Service (Scotland) Act 1978) Order 2006 (S.S.I. 2006/30), {art. 2(6)(a)}

F108 Words in Sch. 9 para. 1(3) substituted (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(18)(b)(i); S.S.I. 2004/148, art. 2(c)

F109 Words in Sch. 9 para. 1(3) repealed (1.4.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I para. 59(2), Sch. 3 Pt. I; S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

F110 Words in Sch. 9 para. 1(3) substituted (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(18)(b)(ii); S.S.I. 2004/148, art. 2(c)

F111 Words in Sch. 9 para. 1(4) substituted (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(18)(c); S.S.I. 2004/148, art. 2(c)

F112 Words in Sch. 9 para. 1(6) substituted (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(18)(d); S.S.I. 2004/148, art. 2(c)

F113 Words in Sch. 9 para. 1(7) substituted (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(18)(e); S.S.I. 2004/148, art. 2(c)

F114 Sch. 9 para. 1(8) repealed (1.4.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I para. 59(4), Sch. 3 Pt. I; S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

Modifications etc. (not altering text)

C52 Sch. 9 para. 1(3) modified (31.3.1995) by S.I. 1995/416, reg. 18, Sch. 8

Certain transactions deemed sale of goodwill S

2 [F115 F115 (1) For the purposes of section 35(1) and paragraph 1, a disposal of premises previously used for the purposes of a medical practice shall be deemed to be a sale of the goodwill of a medical practice if— S

(a) the person disposing of the premises did so knowing that another person (“A") intended to use them for the purposes of A’s medical practice; and

(b) the consideration for the disposal substantially exceeded the consideration that might reasonably have been expected if the premises had not previously been used for the purposes of a medical practice.

F115 (1A) If a person disposes of any premises together with any other property, the court shall, for the purposes of sub-paragraph (1), make such apportionment of the consideration as it thinks just.

F115 (1B) For the purposes of sub-paragraphs (1) and (1A)—

(a) “disposal” means any sale, letting or other form of disposal (whether by a single transaction or a series of transactions) and “disposes” and “disposing” are to be read accordingly; and

(b) a person who procures the disposal of any premises is to be treated as having disposed of them.]

(2) Where in pursuance of any partnership agreement F116 . . .—

(a) any valuable consideration, other than the performance of services in the partnership business, is given by a partner or proposed partner as consideration for his being taken into partnership.

(b) any valuable consideration is given to a partner, on or in contemplation of his retirement or of his acceptance of a reduced share of the partnership profits, or to the personal representative of a partner on his death, not being a payment in respect of that partner’s share in past earnings of the partnership or in any partnership assets or any other payment required to be made to him as the result of the final settlement of accounts, as between him and the other partners, in respect of past transactions of the partnership, or

(c) services are performed by any partner for a consideration substantially less than those services might reasonably have been expected to be worth having regard to the circumstances at the time when the agreement was made,

there shall be deemed for the purposes of section 35(1) and paragraph 1 to have been a sale of the goodwill F117 . . . of the practice of any partner to whom, or to whose personal representative, the consideration or any part thereof is given or, as the case may be, for whose benefit the services are performed, to the partner or each of the partners by or on whose behalf the consideration or any part thereof was given or, as the case may be, the partner who performed the services, and the said sale shall be deemed for the purposes of section 35(1) and paragraph 1 to have been effected—

(i) in a case to which paragraph (a) or paragraph (b) applies, at the time when the consideration was given, or, if the consideration was not all given at the same time, at the time when the first part thereof was given, or

(ii) in a case to which paragraph (c) applies, at the time when the agreement was made.

[F118 (3) Sub-paragraph (3A) applies if a person (“the assistant”)—

(a) performs services on behalf of a person who carries on a medical practice (or as an employee of a person employing a practitioner who carries on a medical practice);

(b) receives substantially less remuneration for performing those services than might reasonably have been expected, having regard to the circumstances at the time when the remuneration was fixed; and

(c) subsequently succeeds, whether as a result of a partnership agreement or otherwise, to that practice.

F118 (3A) For the purposes of section 35 and paragraph 1, a sale of the goodwill of the practice is to be deemed to have taken place (at the time when the remuneration was fixed), unless it is proved that the remuneration was not fixed in contemplation of the assistant’s succeeding to the practice.]

[F119 (4) For the purposes of section 35(1) and paragraph 1, the goodwill of a medical practice shall be deemed to have been sold if—

(a) a person carrying on the practice (or employing a practitioner who carries on a medical practice) agrees, for valuable consideration—

(i) to do or refrain from doing any act, for the purpose of facilitating the succession of another person to the practice; or

(ii) to allow any act to be done, for that purpose; or

(b) a person—

(i) gives valuable consideration to a person carrying on the practice (or employing a practitioner who carries on a medical practice); and

(ii) succeeds, or has previously succeeded, to the practice.

F119 (5) Sub-paragraph (4) does not apply—

(a) if it is proved that no part of the consideration was given in respect of the goodwill; or

(b) to anything done—

(i) in relation to the acquisition of premises for the purposes of a medical practice;

(ii) in pursuance of a partnership agreement; or

(iii) in the performance of medical services by one person as an assistant to another.]

(6) In determining for the purposes of section 35(1) and this Schedule the consideration given in respect of any transaction, the court shall have regard to any other transaction appearing to the court to be associated with the first transaction, and shall estimate the total consideration given in respect of both or all the transactions, and shall apportion it between those transactions in such manner as it thinks just.

[F120 (7) For the purposes of section 35 and this Schedule—

(a) consideration is deemed to be given to a person (“B") if—

(i) it is given to another person but with B’s knowledge and consent; and

(ii) it appears to the court that B has derived, or will derive, a substantial benefit from the giving of the consideration; and

(b) unless the context otherwise requires, references to a person include, in the case of an individual who has died, references to his personal representative.]

Textual Amendments

F115 Sch. 9 para. 2(1)(1A)(1B) substituted for Sch. 9 para. 2(1) (1.4.1998) by 1997 c. 47, s. 41(10), Sch. 2 Pt. I para. 59(5); S.I. 1998/631, art. 2(1)(b), Sch. 2 (withg arts. 3, 5)

F116 Words in Sch. 9 para. 2(2) repealed (1.4.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I para. 59(6))a), Sch. 3 Pt. I; S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

F117 Words in Sch. 9 para. 2(2) repealed (1.4.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I para. 59(6)(b), Sch. 3 Pt. I; S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

F118 Sch. 9 para. 2(3)(3A) substituted for Sch. 9 para. 2(3) (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 59(7); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

F119 Sch. 9 para 2(4)(5) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 59(8); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

F120 Sch. 9 para. 2(7) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 59(9); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

[F121 Carried-over goodwill S

Textual Amendments

F121 Sch. 9 para 3 and crossheading inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 59(10); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

F122 3 S The fact that a person’s medical practice was previously carried on by another person who at any time provided [F123 or performed services as specified in section 35(1)] does not, by itself, make it unlawful under section 35(1) for the goodwill of his practice to be sold.]

Textual Amendments

F122 Sch. 3 and heading inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 59(10); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

F123 Words in Sch. 9 para. 3 substituted (1.2.2006) by The Primary Medical Services (Scotland) Act 2004 (Modification of the National Health Service (Scotland) Act 1978) Order 2006 (S.S.I. 2006/30), {art. 2(6)(b)}

Section 49.

[F124 SCHEDULE 10 U.K. Additional Provisions as to the Control of Maximum Prices for Medical Supplies]

Textual Amendments

F124 Schedule 10 ceased to have effect (1.9.1999 and 1.11.1999 for certain purposes, otherwise 3.4.2007) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(b)(3(b); S.I. 2007/1179, art. 2(c)

[F125 Orders and directions] S

Textual Amendments

F125 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

[F126 1 (1) Any power of making orders under section 49 includes power to provide for any incidental and supplementary provisions which the Secretary of State thinks it expedient for the purposes of the order to provide. S

(2) An order under section 49 may make such provisions (including provision for requiring any person to furnish any information) as the Secretary of State thinks necessary or expedient for facilitating the introduction or operation of a scheme of control for which provision has been made, or for which, in his opinion, it will or may be found necessary or expedient that provision should be made, under that section.

(3) An order under section 49 may prohibit the doing of anything regulated by the order except under the authority of a licence granted by such authority or person as may be specified in the order, and may be made so as to apply either to persons or undertakings generally or to any particular person or undertaking or class of persons or undertakings, and so as to have effect either generally or in any particular area.

(4) The M12 Interpretation Act 1889 shall apply to the interpretation of any order made under section 49 as it applies to the interpretation of an Act of Parliament and for the purposes of section 38 of that Act any such order shall be deemed to be an Act of Parliament.]

Textual Amendments

F126 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

Marginal Citations

M12 1889 c. 63.

[F127 Notices, authorisations and proof of documents] S

Textual Amendments

F127 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

[F128 2 (1) A notice to be served on any person for the purposes of section 49, or of any order or direction made or given under that section, shall be deemed to have been duly served on the person to whom it is directed if— S

(a) it is delivered to him personally; or

(b) it is sent by registered post or the recorded delivery service addressed to him at his last or usual place of abode or place of business.

(2) Where under section 49 and this Schedule a person has power to authorise other persons to act thereunder, the power may be exercised so as to confer the authority either on particular persons or on a specified class of persons.

(3) Any permit, licence, permission or authorisation granted for the purposes of section 49 may be revoked at any time by the authority or person empowered to grant it.

(4) Every document purporting to be an instrument made or issued by the Secretary of State or other authority or person in pursuance of section 49 and this Schedule or any provisions so having effect and to be signed by or on behalf of the Secretary of State, or that authority or person, shall be received in evidence and shall until the contrary is proved, be deemed to be an instrument made or issued by the Secretary of State, or that authority or person.

(5) Prima facie evidence of any such instrument as is described in sub-paragraph (4) may in any legal proceedings (including arbitrations) be given by the production of a document purporting to be certified to be a true copy of the instrument by or on behalf of the Secretary of State or other authority or person having power to make or issue the instrument.]

Textual Amendments

F128 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

[F129 Territorial extent] U.K.

Textual Amendments

F129 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

[F130 3 U.K. So far as any provisions contained in or having effect under section 49 and this Schedule impose prohibitions, restrictions or obligations on persons, those provisions apply to any persons in the United Kingdom and all persons on board any British ship or aircraft, not being an excepted ship or aircraft, and to all other persons, wherever they may be, who are ordinarily resident in the United Kingdom and who are citizens of the United Kingdom and Colonies or British protected persons.

In this paragraph—

• “British aircraft” means an aircraft registered in—

(a) any part of her Majesty’s dominions;

(b) any country outside Her Majesty’s dominions in which for the time being Her Majesty has jurisdiction;

(c) any country consisting partly of one or more colonies and partly of one or more such countries as are mentioned in paragraph (b);

• “British protected person"means the same as in [F131 the British Nationality Act 1981];

• “excepted ship or aircraft” means a ship or aircraft registered in any country for the time being listed in [F132 Schedule 3 to the British Nationality Act 1981] or in any territory administered by the government of any such country, not being a ship or aircraft for the time being placed at the disposal of, or chartered by or on behalf of, Her Majesty’s Government in the United Kingdom.]

Textual Amendments

F130 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

F131 Words substituted by British Nationality Act 1981 (c. 61, SIF 87), Sch. 7

F132 Words substituted by British Nationality Act 1981 (c. 61, SIF 87), Sch. 7

[F133 False documents and false statements] S

Textual Amendments

F133 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

[F134 4 (1) A person shall not, with intent to deceive— S

(a) use any document issued for the purposes of section 49 and this Schedule or of any order made under that section;

(b) have in his possession any document so closely resembling such a document as is described in paragraph (a) as to be calculated to deceive;

(c) produce, furnish, send or otherwise make use of for purposes connected with that section and this Schedule or any order or direction made or given under that section, any book, account, estimate, return, declaration or other document which is false in a material particular.

(2) A person shall not, in furnishing any information for the purposes of section 49 and this Schedule or of any order made under that section, make a statement which he knows to be false in a material particular or recklessly make a statement which is false in a material particular.]

Textual Amendments

F134 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

[F135 Restrictions on disclosing information] S

Textual Amendments

F135 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

[F136 5 S No person who obtains any information by virtue of section 49 and this Schedule shall, otherwise than in connection with the execution of that section and this Schedule or of an order made under that section, disclose that information except for the purposes of any criminal proceedings, or of a report of any criminal proceedings, or with permission granted by or on behalf of a Minister of the Crown.]

Textual Amendments

F136 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

[F137 Offences by corporations] S

Textual Amendments

F137 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

[F138 6 S Where an offence under this Schedule committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this paragraph, the expression “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.]

Textual Amendments

F138 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

[F139 Penalties] S

Textual Amendments

F139 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

[F140 7 (1) If any person contravenes or fails to comply with any order made under section 49, or any direction given or requirement imposed under that section, or contravenes or fails to comply with this Schedule (except for paragraph 8(3) or paragraph 9(4)) he is, save as otherwise expressly provided, guilty of an offence. S

(2) Subject to any special provisions contained in this Schedule, a person guilty of such an offence shall—

(a) on summary conviction, be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding [F141 the statutory maximum], or to both; or

(b) on conviction on indictment, be liable to imprisonment for a term not exceeding 2 years or to a fine F142 , or to both.]

(3)F143

Textual Amendments

F140 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

F141 “£100" substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 15 para. 21(a), Sch. 17 para. 18

F142 Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 80(2), Sch. 16

F143 Sch. 10 para. 7(3) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

[F144 Production of documents] S

Textual Amendments

F144 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

[F145 8 (1) For the purposes— S

(a) of securing compliance with any order made or direction given under section 49 by or on behalf of the Secretary of State, or

(b) of verifying any estimates, returns or information furnished to the Secretary of State in connection with section 49 or any order made or direction given under that section,

an officer of the Secretary of State duly authorised in that behalf has power, on producing (if required to do so) evidence of his authority, to require any person carrying on an undertaking or employed in connection with an undertaking to produce to that officer forthwith any documents relating to the undertaking which that officer may reasonably require for the purpose set out in this paragraph.

(2) The power conferred by this paragraph to require any person to produce documents includes power—

(a) if the documents are produced, to take copies of them or extracts from them and to require that person, or where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them;

(b) if the documents are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.

(3) If any requirement to produce documents or provide an explanation or make a statement which is imposed by virtue of this paragraph is not complied with, the person on whom the requirement was so imposed is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding [F146 level 3 on the standard scale], or to both.

Where a person is charged with such an offence in respect of a requirement to produce any document, it shall be a defence to prove that they were not in his possession or under his control and that it was not reasonably practicable for him to comply with the requirements.]

Textual Amendments

F145 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

F146 “£100" substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c.48, SIF 39:1), s. 54)

[F147 9 (1) If a sheriff, magistrate or justice of the peace is satisfied, on information on oath laid on the Secretary of State’s behalf, that there are any reasonable grounds for suspecting that there are on any premises any documents of which production has been required by virtue of paragraph 8 and which have not been produced in compliance with that requirement, he may issue a warrant under this paragraph. U.K.

A warrant so issued may authorise any constable, together with any other persons named in the warrant and any other constables—

(a) to enter the premises specified in the information (using such force as is reasonably necessary for the purpose); and

(b) to search the premises and take possession of any documents appearing to be such documents as are mentioned above, or to take in relation to any documents so appearing any other steps which may appear necessary for preserving them and preventing interference with them.

(2) Every warrant issued under this paragraph shall continue in force until the end of the period of one month after the date on which it is issued.

(3) Any documents of which possession is taken under this paragraph may be retained for a period of 3 months, or, if within that period there are commenced any proceedings for an offence under section 49 and this Schedule to which they are relevant, until the conclusion of those proceedings.

(4) Any person who obstructs the exercise of any right of entry or search conferred by virtue of a warrant under this paragraph, or who obstructs the exercise of any rights so conferred to take possession of any documents, is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding [F148 level 3 on the standard scale], or to both.]

Textual Amendments

F147 Schedule 10 ceased to have effect (1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(4)(a)

F148 “£50" substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c.48, SIF 39:1), s. 54)

Sections 69—71.

SCHEDULE 11 S Additional Provisions as to Regulations for the Making and Recovery of Charges

Regulations under section 69—charges for drugs, medicines or appliances, or pharmaceutical services S

1 (1) No charge shall be made under section 69(1) in relation to the supply of drugs, medicines and appliances referred to in paragraph (a) of that subsection in respect of— S

(a) the supply of any drug, medicine or appliance for a patient who is for the time being resident in hospital, or

(b) the supply of any drug or medicine [F149 (otherwise than in accordance with section 17C arrangements)] for the treatment of venereal disease, or

(c) the supply of any appliance for a person who is under 16 years of age [F150 or is under 19 years of age and is receiving qualifying full-time education, or]

(d) the replacement or repair of any appliance in consequence of a defect in the appliance as supplied,

F151 (2)F152

Textual Amendments

F149 Words in Sch. 11 para. 1(1)(b) inserted (1.4.1998) by 1997 c. 46, s. 41(1), Sch. 2 Pt. I para. 60; S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

F150 Words from “or is under" to “education, or" substituted for words from “or is undergoing" to “school, or" by Health Services Act 1980 (c. 53), s. 26(2), Sch. 5 Pt II para. 5

F151 Words repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16(2), Sch. 5

F152 Sch. 11 para. 1(2) repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16(2), Sch. 5

Regulations under section 70—charges for dental or optical appliances S

2 [F153 (1) The optical appliances referred to in section 70(1) are glasses and contact lenses, and the charge for glasses and contact lenses which that subsection authorises is a charge of such sum as may be determined by or in accordance with directions given by the Secretary of State.] S

(2) Regulations may—

(a) vary the amount or maximum amount of any charge authorised by section 70(1) for any F154 optical appliance, and this power includes power to direct that the charge shall not be payable; or

(b) vary the descriptions of appliances for which any such charge is authorised;

and regulations made for the purposes of section 70(1) may be made so as to take effect—

(i) in the case of appliances supplied under this Act otherwise than under Part II, where the examination or testing of sight (otherwise than under that Part) leading to the supply of those appliances, or the first such examination or testing takes place on or after the date on which the regulations come into force;

(ii)

F155 (iii)

F156 (3) No charge shall be made under section 70(1) [F157 or (1A)] in respect of any appliance supplied otherwise than under Part II to a patient for the time being resident in a hospital.

(4) No charge shall be made under section 70 [F158 (1A)] in respect of the supply of a dental appliance if at the relevant time the person for whom that appliance was supplied—

[F159 (a) was under [F160 18] years of age or was under 19 years of age and receiving qualifying full-time education; or]

(b) was an expectant mother or had borne a child within the previous 12 months.

(5)

F161 (6) Regulations made with respect to any exemption under sub-paragraph (4) F162 may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.

(7) [F163 In sub-paragraph (4), “the relevant time” means—

(a) in relation to a dental appliance supplied otherwise than under Part II, the time of the examination leading to the supply of the appliance, or the first such examination;]

(b) in relation to a dental appliance supplied under Part II, the time of the making of the contract or arrangement in pursuance of which the appliance is supplied.

(8) References in section 70 and in this paragraph to the supply of appliances shall be construed as including references to their replacement [F164 and, in the case of dentures, to their being relined or adjusted or having additions made to them] but no charge shall be made under those provisions in respect of the replacement of dentures F165 if the replacement is required in consequence of loss or damage.

Textual Amendments

F153 Sch. 11 para. 2(1) substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 15(1)

F154 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F155 Sch. 11 para. 2(2)(ii) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F156 Sch. 11 para. 2(2)(iii) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F157 “or (1A)" inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 15(2)

F158 “(1A)" substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 15(3)

F159 Para. 2(4)(a) substituted by Health Services Act 1980 (c. 53), s. 26(2), Sch. 5 Pt. II para. 6(3)

F160 “18" substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 11(8)

F161 Sch. 11 para. 2(5) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F162 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F163 Sch. 11 para. 2(7)(a) and preceding words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(7), Sch. 1 Pt. II para. 6

F164 Words inserted by Health Services Act 1980 (c. 53), s. 26(2), Sch. 5 Pt. II para. 6(5)

F165 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

[F166 2A (1) It shall be the duty of the Secretary of State to provide by regulations for payments to be made by him or by a Health Board to meet, or to contribute towards, the cost incurred (whether by way of charge under this Act or otherwise) for the supply of optical appliances for which a prescription has been given in consequence of a testing of sight under this Act— S

(a) for a child;

(b) for a person whose resources fall to be treated under the regulations as being less than his requirements; or

(c) for a person of such other description as may be prescribed [F167 or for which a prescription has been given for a person such as is mentioned in paragraph (a), (b) or (c) above in consequence of a testing of sight (not being a testing of sight under this Act) which took place in prescribed circumstances].

(2) In sub-paragraph (1) (above) “child” means—

(a) a person who is under the age of 16 years; or

(b) a person who is under the age of 19 years and receiving qualifying full-time education.

[F168 (3) The Secretary of State may by regulations—

(a) F169 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) provide for payments to be made by him or by a Health Board to meet, or to contribute towards, any cost accepted by him or by the Board as having been incurred (whether by way of charge under this Act or otherwise) for the replacement or repair in prescribed circumstances of optical appliances for which a prescription was given in consequence of a testing of the sight of a person of a prescribed description; and

(c) direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this sub-paragraph, give any such direction as to how they are to be calculated as may be given by regulations under section 75A(3).

(3A) Descriptions of persons may be prescribed under this paragraph by reference to any criterion and, without prejudice to the generality of this sub-paragraph, by reference to any of the criteria specified in section 75A(2).

(3B) Subsection (4) of section 75A shall have effect in relation to regulations under this paragraph as it has effect in relation to regulations under that section.]

(4) If regulations under this paragraph provide for payments to be made by a Health Board, it shall be the duty of the Secretary of State to pay to the Board, in respect of each financial year, the sum attributable to the Board’s disbursements under the regulations.

(5) Sums falling to be paid in pursuance of regulations made under this paragraph shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.]

Textual Amendments

F166 Sch. 11 para. 2A inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(7), Sch. 1 Pt. II para. 7

F167 Words added after paragraph (c) of sub-paragraph (1) by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 13(2)

F168 Paragraphs (3)–(3B) substituted for paragraph (3) by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 13(5)

F169 Sch. 11 para. 2A(3)(a) repealed (7.3.2006 for certain purposes, otherwise 1.4.2006) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 13(3), 43(3); S.S.I. 2005/492, art. 3(e) Sch. 3; S.S.I. 2006/121, art. 3(a), Sch. 1

Regulations under section 71—charges for dental treatment S

(1)

3 F170 (2) Regulations may vary the amount or the maximum amount of any charge authorised by section 71(1), and this power includes power to direct that the charge shall not be payable. S

(3) Where any services in respect of which a charge is payable under section 70 are provided in pursuance of the contract or arrangement, the charges payable under that section and section 71(1) in respect of all services provided in pursuance of the contract or arrangement shall not exceed a prescribed sum in the aggregate.

(4) No charge shall be made under section 71(1) in respect of services provided for any person who, on the date of the contract or arrangement for the services—

[F171 (a) was under 18 years of age or was under 19 years of age and receiving qualifying full-time education, or]

(c) was an expectant mother or had borne a child within the previous 12 months,

F172 (5) Regulations [F173 made with respect to any exemptions under sub-paragraph (4)]

may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.

Textual Amendments

F170 Sch. 11 para. 3(1) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F171 Words substituted by Health Services Act 1980 (c. 53), s. 26(2), Sch. 5 Pt. II para. 7(2).

F172 Words repealed by Health Services Act 1980 (c. 53), s. 26(2), Sch. 5 Pt. II para. 7(2)

F173 Words substituted by Health Services Act 1980 (c. 53), s. 26(2), Sch. 5 Pt. II para. 7(3)

Miscellaneous Provisions S

4 S For the purposes of section 39(2) (which provides for the Secretary of State to arrange for the free medical treatment of certain pupils) any charge made in pursuance of regulations under this Act in respect of the supply of drugs, medicines or appliances shall be disregarded.

5 S Regulations may provide for the remission or repayment of any charges which, in pursuance of section 70(1) or section 71(1), are payable apart from this paragraph by a person whose income as calculated in accordance with regulations is at less than the prescribed rate, in respect of the supply or replacement of dental F174 appliances or in respect of services provided as part of the general dental services.

Textual Amendments

F174 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

6 S For the purposes of sections 69 and 70 and of this Schedule, a bridge, whether fixed or removable, which takes the place of any teeth shall be deemed to be a denture having that number of teeth; F175

Textual Amendments

F175 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

[F176 7 S References in this Schedule to qualifying full-time education mean full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State, and for the purposes of such references—

(a) “recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university; and

(b) regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.]

Textual Amendments

F176 Para. 7 inserted by Health Services Act 1980 (c. 53), s. 26(2), Sch. 5 Pt. II para. 8

Section 76.

SCHEDULE 12 S Inquiries

1 S The Secretary of State shall appoint a person to hold the inquiry and to report thereon to him.

2 S The Secretary of State or the person appointed to hold the inquiry shall send to any person who appears to them to be interested, notification of the time when and the place where the inquiry is to be held.

3 S The person appointed to hold the inquiry may by notice require any person—

(a) to attend at the time and place set forth in the notice, to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry; or

(b) to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the person appointed to hold the inquiry may think fit, and as the person so required is able to furnish; but—

(i) no person shall be required in obedience to such a notice to attend at any place which is more than 10 miles from the place where he resides unless the necessary expenses are paid or tendered to him; and

(ii) nothing in this paragraph shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

4 S The person appointed to hold the inquiry may administer oaths and examine witnesses on oath, and may accept in lieu of evidence on oath by any person a statement in writing by that person.

5 S Any person who refuses or wilfully neglects to attend in obedience to a notice under paragraph 3, or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required by any such notice to produce, or who refuses or wilfully neglects to furnish any information which he is required to furnish under sub-paragraph (b) of paragraph 3, shall be liable on summary conviction to a fine not exceeding [F177 level 1 on the standard scale] or to imprisonment for a period not exceeding 3 months.

Textual Amendments

F177 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c.48), s. 54)

6 S The expenses incurred by the Secretary of State in relation to any inquiry held under this Act (including a reasonable sum for the services of any officer engaged in the inquiry) shall be paid by such of the parties to the inquiry in such proportions as the Secretary of State may order.

7 S The Secretary of State may make orders as to the expenses incurred by the parties appearing at any such inquiry and as to the parties by whom such expenses shall be paid.

8 S Any order by the Secretary of State under paragraph 6 or paragraph 7 may be enforced in like manner as a recorded decree arbitral.

Section 79.

SCHEDULE 13 S Acquisition of Property Other than Land

1 S Where under this Act, in connection with the acquisition of any premises, the Secretary of State proposes to acquire any equipment, furniture or other moveable property used in or in connection with the premises, he may, at any time after the acquisition of the premises (in the case of acquisition by agreement) or at any time after the service of a notice to treat (in the case of a compulsory acquisition of premises), serve a notice on the owner of the premises specifying the property proposed to be acquired and specifying the time within which and the manner in which any objection to such acquisition may be made.

2 S If any objection is duly made the Secretary of State shall afford to the said owner an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and after considering any such objection and the report of the person so appointed by him, the Secretary of State shall either withdraw the notice aforesaid or serve upon the owner a notice confirming that notice.

3 S The property with respect to which a notice is served under paragraph 1 and is not withdrawn shall—

(a) if no objection is duly made to the notice, vest in the Secretary of State at the expiration of the time for making such an objection;

(b) if such an objection is duly made and the notice is confirmed by a notice served under paragraph 2, vest in the Secretary of State on the service of the last mentioned notice;

and shall in each case vest free of any pledge, lien or right in security.

4 S Where any property is acquired in accordance with this Schedule there shall be paid by way of compensation to the owner of the property concerned a sum equal to the price which he might reasonably have been expected to have obtained upon a sale of the property effected by him immediately before the acquisition of the property by the Secretary of State; and any dispute as to the amount of such compensation shall be determined by arbitration; and the compensation shall accrue due at the time when the property vested in the Secretary of State.

5 S Where property in respect of which compensation is payable as aforesaid was, immediately before the acquisition thereof by the Secretary of State, in the possession of some person by virtue of a hire purchase agreement, that person may, by a notice served on the Secretary of State, make a claim to have apportioned to him such part of the compensation as may be specified in his claim; and in default of agreement between the parties the claim shall be determined by arbitration, and the arbiter may apportion the compensation between the owner and the other person in such manner as appears to him to be just.

6 S Any such compensation shall carry interest, as from the time when it accrues due until payment, at such rate as the Treasury may from time to time by order prescribe.

7 S Where any sum by way of compensation is paid in accordance with this Schedule in respect of any property and, at the time when the compensation accrues due, the property is subject to any pledge, lien or right in security, the sum so paid shall be deemed to be subject to that pledge, lien or right.

Section 93.

F178 SCHEDULE 14 S Action not subject to investigation by the Commissioner

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F178 Sch. 14 repealed (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 3 (with s. 3(4)).

Section 109.

SCHEDULE 15 S Transitional Provisions and Savings

General S

1 (1) In so far as— S

(a) any agreement, appointment, apportionment, authorisation, determination, scheme, instrument, order or regulation made by virtue of an enactment repealed by this Act, or

(b) any approval, consent, direction, or notice given by virtue of such an enactment, or

(c) any complaint made or investigation begun by virtue of such an enactment, or

(d) any other proceedings begun by virtue of such an enactment, or

(e) anything done or having effect as if done,

could, if a corresponding enactment in this Act were in force at the relevant time, have been made, given, begun or done by virtue of the corresponding enactment, it shall, if effective immediately before the corresponding enactment comes into force, continue to have effect thereafter as if made, given, begun or done by virtue of that corresponding enactment.

(2) Where—

(a) there is any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or to a thing omitted, or to an event which has occurred, under or for the purposes of or by reference to or in contravention of any provisions of this Act, then,

(b) that reference shall be construed (subject to its context) as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of any of the corresponding provisions of the repealed enactments.

2 S Where any enactment passed before the commencement of this Act, or any instrument or document, refers either expressly or by implication to an enactment repealed by this Act, the reference shall (subject to its context) be construed as or as including a reference to the corresponding provision of this Act.

3 S Where any period of time specified in an enactment repealed by this Act is currrent at the commencement of this Act, this Act has effect as if its corresponding provision had been in force when that period began to run.

Section 37 of the National Health Service (Scotland) Act 1947 S

4 S Notwithstanding the repeal by this Act of section 37 of the M16 National Health Service (Scotland) Act 1947 (compensation for loss of right to sell a medical practice) that section shall continue to have such effect as may be necessary for the purposes of sections 1 to 7 of the M17 National Health Service (Amendment) Act 1949.

The saving made by this paragraph applies to section 51 of the M18 National Health Service Reorganisation Act 1973 (which amended section 37 of the National Health Service (Scotland) Act 1947), and to any regulations made under that section 37 which were in force immediately before the coming into force of this Act.

Marginal Citations

M16 1947 c. 27.

M17 1949 c. 93.

M18 1973 c. 32.

Persons authorised to provide pharmaceutical services S

5 S A person who for three years immediately before 16th December 1911 acted as a dispenser to a medical practitioner or a public institution is in the same position in relation to the undertaking referred to in section 28(2) regarding the dispensing of medicines as a registered pharmacist.

Disqualification of practitioners S

6 S Where by virtue of section 43(8) of the National Health Service (Scotland) Act 1947 a person’s name was disqualified for inclusion in any list referred to in section 43(1) of that Act, that person’s name is disqualified for inclusion in any list referred to in section 29(1), until such time as [F183 the Tribunal direct] to the contrary.

Textual Amendments

F183 Words in Sch. 15 para. 6 substituted (1.1.1996) by 1995 c. 31, s. 10(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)

Section 4 of the Health Services and Public Health Act 1968 S

7 S An undertaking given before the coming into force of section 4(1) of the M19 Health Services and Public Health Act 1968 in respect of payment under section 4 of the M20 National Health Service (Scotland) Act 1947 (accommodation available on part payment) continues to have the same effect as it had immediately before the coming into force of this Act.

Marginal Citations

M19 1968 c. 46.

M20 1947 c. 27.

Compensation of officers S

8 S Notwithstanding the repeal by the M21 National Health Service (Scotland) Act 1972 of section 67 of the said Act of 1947, regulations made under paragraphs (c) to (e) of subsection (1) of that section shall continue to have effect until revoked by regulations under this Act.

Marginal Citations

M21 1972 c. 58.

Vehicles under section 33 of the Health Services and Public Health Act 1968 S

9 S The provision of vehicles as mentioned in section 33 of the M22 Health Services and Public Health Act 1968, and the taking of any such action as is mentioned in subsection (2) of that section, shall for the purposes of the M23 National Health Service (Scotland) Act 1947 be treated as having been included among hospital and specialist services provided under Part II of that Act of 1947 as from its commencement.

Marginal Citations

M22 1968 c. 46.

M23 1947 c. 27.

Saving of amendments S

10 S Notwithstanding the repeal by this Act of sections 53 and 74 and Part I of Schedule 11 to the National Health Service (Scotland) Act 1947, and section 64(1) and Schedule 6 to the National Health Service (Scotland) Act 1972 and section 57(1) and Schedule 4 to the M24 National Health Service Reorganisation Act 1973—

(a) the amendments made by Part I of Schedule 11 to that Act of 1947 to the M25 Public Health (Scotland) Act 1897, and

(b) the amendments made by section 53 and paragraphs 37 to 77, [F184 82], 83(a), 84 to [F185 92], F186 . . . 95 to 97, 101, [F187 102], 104 to 107(a), 108 to 115, 117, 119 to 122, F188 129, [F189 135(b) to (c)], 136(b), 138 to 140, 150, 152(b), [F190 155] to 156A of Schedule 6 to that Act of 1972, and

(c) the amendments made by paragraphs F191 69(2), 82, 96, 102, 106, 109, 123, 128, 130, 133, 134, 140 and 141 of Schedule 4 to that Act of 1973,

shall continue to have the same effect as they had immediately before the coming into force of this Act, subject to any amendments made under this Act.

Textual Amendments

F184 “82" repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F185 Words in Sch. 15 para. 10(b) substituted (6.1.1997) by S.I. 1996/3097, arts. 1, 3(2)

F186 Words in Sch. 15 para. 10(b) repealed (28.6.1995 for certain purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), Sch. 1 Pt. III para. 102(8)(a), Sch. 3 (with Sch. 2 para. 6)

F187 “102" repealed by Mental Health Act 1983 (c. 20, SIF 85), ss. 131(1), 148(3), Sch. 6

F188 Words repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5

F189 Words in Sch. 15 para. 10(b) substituted (28.6.1995 for certain purposes and 1.4.1996 for all other purposes) by 1995 c. 17, ss. 2(1)(3), Sch. 1 Pt. III para. 102(8)(b) (with Sch. 2 para. 6)

F190 Word substituted by Education (Scotland) Act 1980 (c. 44), Sch. 4 para. 19

F191 Word repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II

Marginal Citations

M24 1973 c. 32.

M25 1897 c. 38.

Transfer of property of voluntary organisations S

11 S Notwithstanding the repeal by this Act of section 23(2) of the M26 National Health Service (Amendment) Act 1949, section 23(1) of that Act shall be deemed to have had effect as from 5th July 1948.

Marginal Citations

M26 1949 c. 93.

Investigations by the Health Service Commissioner for Scotland S

F192 12 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F192 Sch. 15 para. 12 repealed (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 3 (with s. 3(4)).

Permission deemed to have been granted under section 9(5) of the Health Services Act 1976 S

13 S Where under any arrangements terminated by virtue of section 9(5) of the M27 Health Services Act 1976—

(a) a person was deemed to have been granted under that section permission to use accommodation and facilities to the same extent and for the same purposes as were covered by those arrangements, then

(b) that person shall be deemed to have been granted under section 64 of [F193 this Act] the like permission (and the provisions of that section shall apply accordingly).

Textual Amendments

F193 Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 10

Marginal Citations

M27 1976 c. 83.

Borrowing from the Hospital Trust by Boards of Management and Regional Hospital Boards S

14 S Notwithstanding the repeal by this Act of the provisions of section 6(2) and (3) of the M28 Hospital Endowments (Scotland) Act 1971 relating to borrowings from relevant endowments by Boards of Management and Regional Hospital Boards, regulations made under that section shall continue to have effect until revoked by regulations under this Act.

Marginal Citations

M28 1971 c. 8.

Health functions of local authorities S

[F194 15 S Notwithstanding the repeal by this Act of section 27 of the M29 National Health Service (Scotland) Act 1947 (functions of local authorities relating to the prevention of illness, care and after-care), that section shall continue to have the same effect for the purposes of section 1(4) of the M30 Social Work (Scotland) Act 1968 as it had immediately before the coming into force of this Act.]

Textual Amendments

F194 Sch. 15 para. 15 repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

Marginal Citations

M29 1947 c. 27.

M30 1968 c. 49.

SCHEDULE 16 S Consequential Amendments of Enactments

Modifications etc. (not altering text)

C53 The text of Sch. 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M31 Polish Resettlement Act 1947 S

Marginal Citations

M31 1947 c. 19.

1 S In section 11(3)(b) (application to Scotland), for the words “the National Health Service (Scotland) Acts 1947 to 1972" substitute the words “the National Health Service (Scotland) Act 1978".

The M32 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 S

Marginal Citations

M32 1947 c. 42.

2 S In section 1(1)(d) (compulsory purchase of land by the Secretary of State), for the words “:58 of the National Health Service (Scotland) Act 1972" substitute the words “79 of the National Health Service (Scotland) Act 1978".

The M33 National Assistance Act 1948 S

Marginal Citations

M33 1948 c. 29.

3 (1) In section 47 (removal of persons in need of care)— S

(a) in subsection (8), for the words “Acts 1947 to 1972" substitute the words “Act 1978";

(b) in subsection (10), for the words “section sixteen of the National Health Service (Scotland) Act 1947" substitute the words “ section 45 of the National Health Service (Scotland) Act 1978" and for the word “sixteen" substitute the word “45".

(2) In section 64 (interpretation), in the definition of “hospital", for the words “eighty" and “1947" substitute the words “108" and “1978" respectively;

F195 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F195 Sch. 16 para. 3(3) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)

The M34 Law Reform (Personal Injuries) Act 1948 S

Marginal Citations

M34 1948 c. 41.

4 S In seciton 2(4) (measure of damages), for the words “National Health Service (Scotland) Act 1947" substitute the words “National Health Service (Scotland) Act 1978".

The M35 Children Act 1948 S

Marginal Citations

M35 1948 c. 43.

5 S In section 59(1) (interpretation), in the definition of “hospital", for the words “section eighty of the National Health Service (Scotland) Act 1948" substitute the words “section 108(1) of the National Health Service (Scotland) Act 1978".

The M36 Nurseries and Child Minders Regulation Act 1948 S

Marginal Citations

M36 1948 c. 53.

F196 6 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F196 Sch. 16 para. 6 repealed (5.11.1993) by 1993 c. 50, s.1(1), Sch. 1 Pt. VIII.

The M37 Nurses (Scotland) Act 1951 S

Marginal Citations

M37 1951 c. 55.

F197 7 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F197 Sch. 16 para. 7 repealed (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i)

The M38 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 S

Marginal Citations

M38 1951 c. 65.

F198 8 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F198 Sch. 16 para. 8 repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)

9 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F199

Textual Amendments

F199 Sch. 16 para. 9 repealed by Medical Act 1983 (c. 54, SIF 83:1), ss. 54, 56(2), Sch. 7 Pt. I

10 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F200

Textual Amendments

F200 Sch. 16 para. 10 repealed by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(2)(3), Sch. 6 Pt. I

11 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F201

Textual Amendments

F201 Sch. 16 para. 11 repealed by Opticians Act 1989 (c. 44, SIF 83:1), s. 37(4), Sch. 2

12, 13. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F202

Textual Amendments

F202 Sch. 16 paras. 12, 13 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 127(1)(2), Sch. 4 para. 4, Sch. 5

The M39 Public Bodies (Admission to Meetings) Act 1960 S

Marginal Citations

M39 1960 c. 67.

14 S In paragraph (2) of the Schedule (bodies to which Act applies), in sub-paragraph (d), for the words “1972" substitute the words “ 1978".

15—18. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F203

Textual Amendments

F203 Sch. 16 paras. 15–18 repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5

19 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F204

Textual Amendments

F204 Sch. 16 para. 19 repealed by Statute Law (Repeals) Act 1986 (c. 12) s. 1(1), Sch. 1 Pt. VIII

The M40 Redundancy Payments Act 1965 S

Marginal Citations

M40 1965 c. 62.

20 S In Schedule 3 (National Health Service Employers), in paragraph 7, for the words “section 13(8) of the National Health Service (Scotland) Act 1972" substitute the words “section 2(11) of the National Health Service (Scotland) Act 1978".

The M41 National Health Service 1966 S

Marginal Citations

M41 1966 c. 8.

21 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F205

Textual Amendments

F205 Sch. 16 para. 21 repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F206 22 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F206 Sch. 11 para. 22 repealed (1.10.1999) by 1999 c. 8, s.65, Sch. 5; S.S.I. 1999/90, art. 2(c), Sch. 1, Sch. 2

23 S In section 11, for words “1947" substitute the words “1978".

The M42 Superannuation (Miscellaneous Provisions) Act 1967 S

Marginal Citations

M42 1967 c. 28.

24 S In section 7(5) (superannuation provisions of the National Health Service Acts), for the words “Acts 1947 to 1972" substitute the words “Act 1978".

25 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F207

Textual Amendments

F207 Ss. 16(3), 20(2), 51, 52, 59–63, 65–68, 96(2), Sch. 16 paras. 25, 43 repealed by Health Services Act 1980 (c. 53), Sch. 7

The M43 Health Services and Public Health Act 1968 S

Marginal Citations

M43 1968 c. 46.

26 (1) In section 59(2) (extension of power), for the words “IV" and “1947" substitute the words “II" and “1978" respectively. S

(2) In section 63 (provision of instruction for employees)—

(a) in subsection 2(d), for the words “IV" and “1947" substitute the words “II" and “1978" respectively;

(b) in subsection (8), in paragraph (b) of the definition of “the relevant enactmetns", for the words “section 6 of the Natioanl Haelth Service (Scotland) Act 1972" substitute the words “section 39 of the National Health Service (Scotland) Act 1978".

27 S In section 64 (financial assistance to voluntary organisations)—

(a) in subsection (4)(a), for the words “1972" substitute the words “1978";

(b) in subsection (4)(b), for the words “IV" and “1947" substitute the words “II" and “1978".

28 S In section 65(6) (assistance by local authorities to voluntary organisations), in paragraph (c) of the substituted subseciton (2B), for the words “1947 to 1972" substitute the words “1978".

The M44 Social Work (Scotland) Act 1968 S

Marginal Citations

M44 1968 c. 49.

29 (1) In section 60(1)(f) (control of certain establishments), for the words “1947 or the National Health Service (Scotland) Act 1972" substitute the words “1978". S

(2) In section 86(3) for the words “Part II of the |National Health Service (Scotland) Act 1947" substitute the wprds “Part II of the National Health Service (Scotland) Act 1978".

(3) In section 94(1), in the definition of “hospital", for the words “1947" substitute the words “1978".

The M45 Medicines Act 1968 S

Marginal Citations

M45 1968 c. 67.

30 S In section 131(5) (meaning of certain expressions), for the words “Acts 1947 to 1972" substitute the words “Act 1978".

31 S In section 132(1) (interpretation), in the definition of “health centre", for the words “section 2 of the National Health Service (Scotland) Act 1972" substitute the words “section 36 of the National Health Service (Scotland) Act 1978".

The M46 Post Office Act 1969 S

Marginal Citations

M46 1969 c. 48.

F208 32 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F208 Sch. 16 para. 32 repealed (26.3.2001 subject to art. 1(3) of the amending S.I.) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

The M47 Chronically Sick and Disabled Persons Act 1970 S

Marginal Citations

M47 1970 c. 44.

33 S In section 17(1) (separation of younger from older patients), for the words “1972" substitute the words “1978".

34 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F209

Textual Amendments

F209 Sch. 16 para. 34 repealed by Finance Act 1980 (c. 48), Sch. 20 Pt. III

The M48 Tribunals and Inquiries Act 1971 S

Marginal Citations

M48 1971 c. 62.

F210 35 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F210 Sch. 16 para. 35 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt. I

The M49 Finance Act 1971 S

Marginal Citations

M49 1971 c. 68.

36 S In Schedule 13 (health service agreement) in paragraph 1(1) for the words “1947" substitute the words “1978".

37 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F211

Textual Amendments

F211 Sch. 16 para. 37 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844(4), Sch. 31

The M50 Local Goverment (Scotland) Act 1973 S

Marginal Citations

M50 1973 c. 65.

38 S In section 197 (inspection of documents) for the words “1972" substitute the words “1978".

The M51 Trade Union and Labour Relations Act 1974 S

Marginal Citations

M51 1974 c. 52.

F212 39 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F212 Sch. 16 para. 39 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1

The M52 Social Security Act 1975 S

Marginal Citations

M52 1975 c. 14.

F213 40 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F213 Sch. 16 para. 40 repealed (6.4.1992) by Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21, SIF 113:1), s. 10, Sch.4 ; S.I. 1991/2617, art. 2(f)

Sch. 16 para. 40 expressed to be repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

The M53 Criminal Procedure (Scotland) Act 1975 S

Marginal Citations

M53 1975 c. 21.

F214 41 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F214 Sch. 16 para. 41 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2) Sch. 5 (with Sch. 3)

The M54 House of Commons Disqualification Act 1975 S

Marginal Citations

M54 1975 c. 24.

42 S In Schedule 1 in Part II (bodies of which all members are disqualified), in the entry relating to the Medical Practices Committee for the words “section 35 of the National Health Service (Scotland) Act 1947" substitute the words “section 3 of the National Health Service (Scotland) Act 1978".

43 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F215

Textual Amendments

F215 Ss. 16(3), 20(2), 51, 52, 59–63, 65–68, 96(2), Sch. 16 paras. 25, 43 repealed by Health Services Act 1980 (c. 53), Sch. 7

44 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F216

Textual Amendments

F216 Sch. 16 para. 44 repealed by Social Security Act 1990 (c. 27, SIF 113:1), s. 21(1)(2), Sch. 6 para. 14, Sch. 7

The M55 Patents Act 1977 S

Marginal Citations

M55 1977 c. 37.

45 S In section 56(4), in paragraph (a), for the words “Part IV of the National Health Service (Scotland) Act 1947" substitute the words “Part II of the National Health Service (Scotland) Act 1978"

SCHEDULE 17 S Repeals

Modifications etc. (not altering text)

C54 The text of Sch. 17 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chapter	Short Title	Extent of Repeal
10 & 11 Geo. 6. c. 27.	The National Health Service (Scotland) Act 1947.	The whole Act.
12, 13 & 14 Geo. 6. c. 93.	The National Health Service (Amendment) Act 1949.	Section 8.
		Sections 10 and 11.
		Sections 14 to 18.
		Sections 20(1), (3) and 21.
		Sections 23 and 28.
		In section 32(1), the words “and this Act" where they second occur to “1947 and 1949".
		In the Schedule, Part II.
14 & 15 Geo. 6. c. 31.	The National Health Service Act 1951.	The whole Act.
15 & 16 Geo. 6 & 1 Eliz. 2. c. 25.	The National Health Service Act 1952.	The whole Act.
1 & 2 Eliz. 2. c. 41.	The Hospital Endowments (Scotland) Act 1953.	The whole Act.
9 & 10 Eliz. 2. c. 19.	The National Health Service Act 1961.	The whole Act.
1964 c. 60	The Emergency Laws (Re-enactments and Repeals) Act 1964.	Section 5.
		In section 15, the words “the National Health Service (Scotland) Acts 1947 to 1972".
1966 c. 8.	The National Health Service Act 1966.	In section 12(2), from the words “so far as" where they second occur to the end.
1968 c. 46.	The National Health Services and Public Health Act 1968.	In section 63(8), in paragraph (b) of “the relevant enactments", the words “the 1947 Act".
		In section 64(4), in the substituted paragraph (a), the words “the National Health Service (Scotland) Act 1947".
		In section 79(1), from the words “and the" where they second occur to the words “1947 to 1968".
		In Schedule 2, Part II.
		In Schedule 3, Part I.
1968 c. 67.	The Medicines Act 1968.	In Schedule 5, paragraph 12.
1971 c. 8.	The Hospital Endowments (Scotland) Act 1971.	The whole Act.
1972 c. 58.	The National Health Service (Scotland) Act 1972.	The whole Act except sections 24(2), 26 to 28, 32 to 36, 52, 53, 61(1)-(3), and Schedule 4.
1973 c. 32.	The National Health Service Reorganisation Act 1973.	The whole Act.
1976 c. 48	The Parliamentary and other Pensions and Salaries Act 1976.	Section 7.
1976 c. 59.	The National Health Service (Vocational Training) Act 1976.	The whole Act.
1976 c. 83.	The Health Services Act 1976.	Section 2.
		Sections 4 and 5.
		Sections 7 to 11.
		In section 23 subsections (3) and (4).
		In Schedule 1, Part VI.
		Schedule 3.
		In Schedule 4, Part II.