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National Health Service Reform (Scotland) Act 2004

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1(1)The 1978 Act is amended as follows.S

(2)In section 2 (constitution of Health Boards and Special Health Boards)—

(a)in subsection (1)(a), after “shall”, where it second occurs, insert “ , without prejudice to subsection (1B), ”,

(b)in subsection (1B), for “(1)(b)” substitute “ (1) ”.

(3)In section 2C(4) (co-operation in discharging of functions to provide primary medical services), for “section” substitute “ sections 12J and ”.

(4)In section 12H(1) (duty of quality), for “, Special Health Board and NHS trust” substitute “ and Special Health Board ”.

(5)In section 75A (remission and repayment of charges and payment of travelling expenses), in subsection (2), for “, (c) or (d)” substitute “ or (c) ”.

(6)In section 79 (acquisition, use and disposal of land and moveable property), after subsection (2) insert—

(2A)For the avoidance of doubt, the power to use heritable property conferred by subsection (1), and the power to dispose of land conferred by subsection (1A), include power to let the property or, as the case may be, land.

(7)In section 86 (accounts), in each of subsections (3) and (4), for “to (c)” substitute “ and (b) ”.

(8)In section 102 (State hospitals), in subsection (4)(b), for “, the Agency or an NHS trust” substitute “ or the Agency ” and for “, Agency or trust” substitute “ or Agency ”.

(9)In section 105 (orders, regulations and directions), in subsection (4)(b), for the words from “12A(1)” to the end substitute “ or 70(2) ”.

(10)In Schedule 1 (Health Boards), in paragraph 8A, for “, the Agency or an NHS trust” substitute “ or the Agency ”.

(11)In Schedule 5 (Common Services Agency), in paragraph 8A, for “, a Health Board or an NHS trust” substitute “ or a Health Board ”.

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