National Health Service (Amendment) Act 1949

9 Application of Part I to Scotland. E+W+S

(1) This Part of this Act shall apply to Scotland subject to the modifications set forth in the following subsections.

(2) For references to sections thirty-four, thirty-five and thirty-six of the Act of 1946 there shall be respectively substituted references to sections thirty-five, thirty-six and thirty-seven of the M1 National Health Service (Scotland) Act 1947 (hereafter in this Act referred to as “the Act of 1947”) and for references to the Act of 1946 (without mention of any specific section) there shall be substituted references to the Act of 1947.

(3) For references to the Minister of Health there shall be substituted references to the Secretary of State.

(4) Section seven of this Act shall have effect as if—

(a) for references to the Lord Chancellor there were substituted references to the Lord President of the Court of Session;

(b) subsections (8) and (9) were omitted and there were inserted after subsection (7) the following subsections:—

(8) The arbitrator or arbitration committee to whom any matter is referred under this section shall have the like powers for securing the attendance of witnesses and the production of documents, and with regard to the examination of witnesses on oath and the awarding of expenses as if the arbitrator or committee were an arbiter under a submission.

(9) An arbitrator or arbitration committee to whom a matter is referred under this section may, and, if so directed by the Court of Session, shall, state a case for the opinion of that Court on any question of law arising in the proceedings on the reference, and the decision of the Court of Session thereon shall be final unless the Court of Session or the [F1 Supreme Court ] give leave to appeal to the [F1 Supreme Court ], which leave may be given on such terms as to expenses or otherwise as the Court of Session or the [F1 Supreme Court ] may determine.

(10) An order or award on a reference under this section may be recorded for execution in the books of Council and Session and shall be enforceable accordingly.

Textual Amendments

F1 Words in s. 9 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 4; S.I. 2009/1604, art. 2(d)

Marginal Citations

M1 1947 c. 27.