Health and Care (Staffing) (Scotland) Act 2019

5 Application of duties to certain Special Health Boards S

(1) The State Hospitals Board for Scotland Order 1995 (S.I. 1995/574) is amended in accordance with subsections (2) and (3).

(2) In Part I of the schedule—

(a) in column 1—

(i) after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “ Section 12IA ”,

(ii) after the entry inserted by sub-paragraph (i), insert “ Section 12IC ”,

(iii) after the entry inserted by sub-paragraph (ii), insert “ Section 12ID ”,

(iv) after the entry inserted by sub-paragraph (iii), insert “ Section 12IE ”,

(v) after the entry inserted by sub-paragraph (iv), insert “ Section 12IF ”,

(vi) after the entry inserted by sub-paragraph (v), insert “ Section 12IH ”,

(vii) after the entry inserted by sub-paragraph (vi), insert “ Section 12II ”,

(viii) after the entry inserted by sub-paragraph (vii), insert “ Section 12IJ ”,

(ix) after the entry inserted by sub-paragraph (viii) , insert “ Section 12IL ”,

(x) after the entry inserted by sub-paragraph (ix), insert “ Section 12IM ”, and

(xi) after the entry inserted by sub-paragraph (x), insert “ Section 12IN ”, and

(b) in column 2—

(i) in the place corresponding to the entry inserted by paragraph (a)(i), insert “ Duty to ensure appropriate staffing ”,

(ii) in the place corresponding to the entry inserted by paragraph (a)(ii), insert “ Duty to have real-time staffing assessment in place ”,

(iii) in the place corresponding to the entry inserted by paragraph (a)(iii), insert “ Duty to have risk escalation process in place ”,

(iv) in the place corresponding to the entry inserted by paragraph (a)(iv), insert “ Duty to have arrangements to address severe and recurrent risks ”,

(v) in the place corresponding to the entry inserted by paragraph (a)(v), insert “ Duty to seek clinical advice on staffing ”,

(vi) in the place corresponding to the entry inserted by paragraph (a)(vi), insert “ Duty to ensure adequate time given to clinical leaders ”,

(vii) in the place corresponding to the entry inserted by paragraph (a)(vii), insert “ Duty to ensure appropriate staffing: training of staff ”,

(viii) in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Duty to follow common staffing method ”,

(ix) in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Duties of training and consultation of staff ”,

(x) in the place corresponding to the entry inserted by paragraph (a)(x), insert “ Duty of reporting on staffing ”, and

(xi) in the place corresponding to the entry inserted by paragraph (a)(xi), insert “ Duty to have regard to Ministerial guidance on staffing ”.

(3) In Part II of the schedule—

(a) in column 1, at the end, insert “ Section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and

(b) in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “ Duties to have regard to guiding principles etc. in health care staffing and planning ”.

(4) The Scottish Ambulance Service Board Order 1999 (S.I. 1999/686) is amended in accordance with subsections (5) and (6).

(5) In Part I of the schedule—

(a) in column 1—

(i) after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “ Section 12IA ”,

(ii) after the entry inserted by sub-paragraph (i), insert “ Section 12IC ”,

(iii) after the entry inserted by sub-paragraph (ii), insert “ Section 12ID ”,

(iv) after the entry inserted by sub-paragraph (iii), insert “ Section 12IE ”,

(v) after the entry inserted by sub-paragraph (iv), insert “ Section 12IF ”,

(vi) after the entry inserted by sub-paragraph (v), insert “ Section 12IH ”,

(vii) after the entry inserted by sub-paragraph (vi), insert “ Section 12II ”,

(viii) after the entry inserted by sub-paragraph (vii), insert “ Section 12IM ”, and

(ix) after the entry inserted by sub-paragraph (viii), insert “ Section 12IN ”,

(b) in column 2—

(i) in the place corresponding to the entry inserted by paragraph (a)(i), insert “ Duty to ensure appropriate staffing ”,

(ii) in the place corresponding to the entry inserted by paragraph (a)(ii), insert “ Duty to have real-time staffing assessment in place ”,

(iii) in the place corresponding to the entry inserted by paragraph (a)(iii), insert “ Duty to have risk escalation process in place ”,

(iv) in the place corresponding to the entry inserted by paragraph (a)(iv), insert “ Duty to have arrangements to address severe and recurrent risks ”,

(v) in the place corresponding to the entry inserted by paragraph (a)(v), insert “ Duty to seek clinical advice on staffing ”,

(vi) in the place corresponding to the entry inserted by paragraph (a)(vi), insert “ Duty to ensure adequate time given to clinical leaders ”,

(vii) in the place corresponding to the entry inserted by paragraph (a)(vii), insert “ Duty to ensure appropriate staffing: training of staff ”,

(viii) in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Duty of reporting on staffing ”, and

(ix) in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Duty to have regard to Ministerial guidance on staffing ”, and

(c) in column 3—

(i) in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Applied in so far as it relates to sections [F1 12IA, 12IC, 12ID, 12IE, 12IF, 12IH and 12II] of the Act and section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and

(ii) in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Applied in so far as it relates to sections [F1 12IA, 12IC, 12ID, 12IE, 12IF, 12IH and 12II] of the Act and section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”.

(6) In Part II of the schedule—

(a) in column 1, at the end, insert “ Section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and

(b) in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “ Duties to have regard to guiding principles etc. in health care staffing and planning ”.

(7) The NHS 24 (Scotland) Order 2001 (S.S.I. 2001/137) is amended in accordance with subsections (8) and (9).

(8) In Part I of the schedule—

(a) in column 1—

(i) after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “ Section 12IA ”,

(ii) after the entry inserted by sub-paragraph (i), insert “ Section 12IC ”,

(iii) after the entry inserted by sub-paragraph (ii), insert “ Section 12ID ”,

(iv) after the entry inserted by sub-paragraph (iii), insert “ Section 12IE ”,

(v) after the entry inserted by sub-paragraph (iv), insert “ Section 12IF ”,

(vi) after the entry inserted by sub-paragraph (v), insert “ Section 12IH ”,

(vii) after the entry inserted by sub-paragraph (vi), insert “ Section 12II ”,

(viii) after the entry inserted by sub-paragraph (vii), insert “ Section 12IJ ”,

(ix) after the entry inserted by sub-paragraph (viii), insert “ Section 12IL ”,

(x) after the entry inserted by sub-paragraph (ix), insert “ Section 12IM ”, and

(xi) after the entry inserted by sub-paragraph (x), insert “ Section 12IN ”, and

(b) in column 2—

(i) in the place corresponding to the entry inserted by paragraph (a)(i), insert “ Duty to ensure appropriate staffing ”,

(ii) in the place corresponding to the entry inserted by paragraph (a)(ii), insert “ Duty to have real-time staffing assessment in place ”,

(iii) in the place corresponding to the entry inserted by paragraph (a)(iii), insert “ Duty to have risk escalation process in place ”,

(iv) in the place corresponding to the entry inserted by paragraph (a)(iv), insert “ Duty to have arrangements to address severe and recurrent risks ”,

(v) in the place corresponding to the entry inserted by paragraph (a)(v), insert “ Duty to seek clinical advice on staffing ”,

(vi) in the place corresponding to the entry inserted by paragraph (a)(vi), insert “ Duty to ensure adequate time given to clinical leaders ”,

(vii) in the place corresponding to the entry inserted by paragraph (a)(vii), insert “ Duty to ensure appropriate staffing: training of staff ”,

(viii) in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Duty to follow common staffing method ”,

(ix) in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Duties of training and consultation of staff ”,

(x) in the place corresponding to the entry inserted by paragraph (a)(x), insert “ Duty of reporting on staffing ”, and

(xi) in the place corresponding to the entry inserted by paragraph (a)(xi), insert “ Duty to have regard to Ministerial guidance on staffing ”.

(9) In Part II of the schedule—

(a) in column 1, at the end, insert “ Section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and

(b) in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “ Duties to have regard to guiding principles etc. in health care staffing and planning ”.

(10) The National Waiting Times Centre Board (Scotland) Order 2002 (S.S.I. 2002/305) is amended in accordance with subsections (11) and (12).

(11) In Part I of the schedule—

(a) in column 1—

(i) after the entry relating to section 10(4) of the National Health Service (Scotland) Act 1978, insert “ Section 12IA ”,

(ii) after the entry inserted by sub-paragraph (i), insert “ Section 12IC ”,

(iii) after the entry inserted by sub-paragraph (ii), insert “ Section 12ID ”,

(iv) after the entry inserted by sub-paragraph (iii), insert “ Section 12IE ”,

(v) after the entry inserted by sub-paragraph (iv), insert “ Section 12IF ”,

(vi) after the entry inserted by sub-paragraph (v), insert “ Section 12IH ”,

(vii) after the entry inserted by sub-paragraph (vi), insert “ Section 12II ”,

(viii) after the entry inserted by sub-paragraph (vii), insert “ Section 12IJ ”,

(ix) after the entry inserted by sub-paragraph (viii), insert “ Section 12IL ”,

(x) after the entry inserted by sub-paragraph (ix), insert “ Section 12IM ”, and

(xi) after the entry inserted by sub-paragraph (x), insert “ Section 12IN ”, and

(b) in column 2—

(i) in the place corresponding to the entry inserted by paragraph (a)(i), insert “ Duty to ensure appropriate staffing ”,

(ii) in the place corresponding to the entry inserted by paragraph (a)(ii), insert “ Duty to have real-time staffing assessment in place ”,

(iii) in the place corresponding to the entry inserted by paragraph (a)(iii), insert “ Duty to have risk escalation process in place ”,

(iv) in the place corresponding to the entry inserted by paragraph (a)(iv), insert “ Duty to have arrangements to address severe and recurrent risks ”,

(v) in the place corresponding to the entry inserted by paragraph (a)(v), insert “ Duty to seek clinical advice on staffing ”,

(vi) in the place corresponding to the entry inserted by paragraph (a)(vi), insert “ Duty to ensure adequate time given to clinical leaders ”,

(vii) in the place corresponding to the entry inserted by paragraph (a)(vii), insert “ Duty to ensure appropriate staffing: training of staff ”,

(viii) in the place corresponding to the entry inserted by paragraph (a)(viii), insert “ Duty to follow common staffing method ”,

(ix) in the place corresponding to the entry inserted by paragraph (a)(ix), insert “ Duties of training and consultation of staff ”,

(x) in the place corresponding to the entry inserted by paragraph (a)(x), insert “ Duty of reporting on staffing ”, and

(xi) in the place corresponding to the entry inserted by paragraph (a)(xi), insert “ Duty to have regard to Ministerial guidance on staffing ”.

(12) In Part II of the schedule—

(a) in column 1, at the end, insert “ Section 2 of the Health and Care (Staffing) (Scotland) Act 2019 ”, and

(b) in column 2, in the place corresponding to the entry inserted by paragraph (a), insert “ Duties to have regard to guiding principles etc. in health care staffing and planning ”.

Textual Amendments

F1 Words in s. 5(5)(c) substituted (12.5.2023) by The Health and Care (Staffing) (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/127), regs. 1, 3(3)

Commencement Information

I1 S. 5(1)(2)(a)(xi)(b) in force at 15.5.2023 for specified purposes by S.S.I. 2023/131, reg. 2, sch.

I2 S. 5(1)(2)(a)(xi)(b) in force at 1.4.2024 in so far as not already in force by S.S.I. 2024/20, reg. 2(2)

I3 S. 5(2)(a)(i)-(x) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)

I4 S. 5(3) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)

I5 S. 5(4)(5)(a)(ix)(b) in force at 15.5.2023 for specified purposes by S.S.I. 2023/131, reg. 2, sch.

I6 S. 5(4)(5)(a)(ix)(b) in force at 1.4.2024 in so far as not already in force by S.S.I. 2024/20, reg. 2(2)

I7 S. 5(6) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)

I8 S. 5(7)(8)(a)(xi)(b) in force at 15.5.2023 for specified purposes by S.S.I. 2023/131, reg. 2, sch.

I9 S. 5(7)(8)(a)(xi)(b) in force at 1.4.2024 in so far as not already in force by S.S.I. 2024/20, reg. 2(2)

I10 S. 5(8)(a)(i)-(x) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)

I11 S. 5(9) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)

I12 S. 5(10)(11)(a)(xi)(b) in force at 15.5.2023 for specified purposes by S.S.I. 2023/131, reg. 2, sch.

I13 S. 5(10)(11)(a)(xi)(b) in force at 1.4.2024 in so far as not already in force by S.S.I. 2024/20, reg. 2(2)

I14 S. 5(11)(a)(i)-(x) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)

I15 S. 5(12) in force at 1.4.2024 by S.S.I. 2024/20, reg. 2(2)