National Health Service (Scotland) Act 1978

7 Local health councils. S

(1) Every Health Board shall, within such period as the Secretary of State may specify, submit to him a scheme for the establishment of a local health council or councils for their area or for such districts covering their whole area as the Board thinks fit; and it shall be the general function of any such council to represent the interests of the public in the health service in the area or district for which they have been established.

(2) A scheme under subsection (1) shall provide for the appointment . . . F1 by the Health Board, after consultation with such other organisations as may be specified in the scheme, of such number of members as may be so specified.

(3) The Secretary of State may approve, with or without modifications, any scheme submitted to him under subsection (1), or may refuse to approve it.

(4) A Health Board may at any time, and if directed by the Secretary of State shall, within such period as he may specify, submit a new scheme under this section, and subsection (3) shall apply to any such new scheme.

(5) The members of a local health council may appoint one of their own number as the chairman of the council.

(6) The Secretary of State shall pay to the members of a local health council, and of the committees and sub-committees thereof [F2 and of any body established under subsection (9)(g),] 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.

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

(8) Health Boards shall consult with local health councils on such occasions and to such extent as may be prescribed.

(9) Regulations may make provision—

(a) enabling local health councils to consider questions relating to the health service in their area or district, whether at the request of their Health Board or otherwise, and to advise the Health Board thereon;

(b) enabling or requiring local health councils to submit reports to their Health Board on the operation of the health service in their area or district;

(c) requiring local health councils to submit annual reports on their activities to their Health Board and requiring Health Boards to transmit a copy of any such report to the Secretary of State;

(d) enabling local health councils to obtain information from their Health Board [F3 and from any NHS trust in their area or district] on such subjects and subject to such conditions as may be prescribed;

(e) enabling or requiring members of a local health council to visit establishments administered by their Health Board [F4 and establishments in their area or district administered by NHS trusts], subject to such conditions as may be prescribed;

(f) relating to the submission of schemes under subsection (1) and to the functions, procedures, staffing and expenses of local health councils;

[F5 (g) for the establishment of a body—

(i) to advise local health councils with respect to the performance of their functions, and to assist those councils in the performance of their functions; and

(ii) to perform such other functions as may be prescribed;

(h) relating to the membership, proceedings, staff, premises and expenses of any body established under paragraph (g).]

Textual Amendments

F1 Words repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 29(3)(a), 66(2), Sch. 10

F2 Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 1(1)

F3 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 29(3)(b)

F4 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 29(3)(c)

F5 S. 7(9)(g)(h) inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 1(2)