National Health Service (Scotland) Act 1978

Changes over time for: Section 105

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Changes to legislation:

National Health Service (Scotland) Act 1978, Section 105 is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 105:

s. 16A(5) added by 2002 asp 5 Sch. 2 para. 2(2)
s. 70A inserted by 1997 c. 46 s. 26(2)
s. 70A(2) word substituted by 2005 asp 13 s. 14(3)
s. 85AB(7) inserted by 2005 asp 13 sch. 2 para. 2(18)(b)
s. 105(1A) repealed by 2004 asp 7 sch. 2
s. 105(4)(b) words substituted by 2004 asp 7 sch. 1 para. 1(9)
Sch. 11 para. 2(1A) inserted by 2005 asp 13 s. 14(6)(a)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 16A(5) added by 2002 asp 5 Sch. 2 para. 2(2)
s. 70A inserted by 1997 c. 46 s. 26(2)
s. 70A(2) word substituted by 2005 asp 13 s. 14(3)
s. 85AB(7) inserted by 2005 asp 13 sch. 2 para. 2(18)(b)
Sch. 11 para. 2(1A) inserted by 2005 asp 13 s. 14(6)(a)

105 Orders, regulations and directions.S

(1)Any power to make orders and regulations conferred by this Act shall be exercisable by statutory instrument.

[F1(1A)Subsection (1) does not apply to orders made under section 12D(1) or paragraph 26(1) of Schedule 7A.]

(2)A statutory instrument made by virtue of this Act shall, subject to subsections [F2(2A) to] (4), be subject to annulment in pursuance of a resolution by either House of Parliament.

[F3(2A)No regulations shall be made under paragraph 12(1) of Schedule 1A (Health Board elections) unless a draft has been laid before, and approved by resolution of, the Scottish Parliament.]

(3)No regulations shall be made under [F4section 17L(1)(b)][F5section 10O, section 10Z7 [F6, section 12IJ(5), section 12IK(4)] or] sub-paragraphs (1) or (2) of paragraph 6 of Schedule 6 (capital value of and borrowings from relevant endowments [F7or orders under [F8section 10G, 10Z16(3) or] section 99ZB(3)]) unless a draft has been laid before Parliament and approved by a resolution of each House of Parliament.

(4)Subsection (2) does not apply to—

(a)an order made under section 2(1) constituting a Health Board;

(b)orders made under sections 2(11), 8, 10(3) to (5) [F912A(1), 12A(8), 12E(1), 12G(2),], 70(2) F10. . . [F11paragraph 25(1) of Schedule 7A and paragraph 3 of Schedule 7B];

(5)Any power to make regulations conferred on the Secretary of State by this Act is, if the Treasury so direct, exercisable by the Treasury and the Secretary of State jointly except in the case of—

(a)regulations made under section 22;

(b)regulations made under section 69(1) in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraph 1(1) of Schedule 11 in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule;

(c)regulations made under paragraph 2(2) of that Schedule;

(d)regulations made under paragraph 2(6) of that Schedule;

(6)Where under any provision of this Act—

(a)power to make an order may be exercisable, or

(b)directions may be given, or

(c)schemes may be made,

that provision includes power to vary or revoke the order or direction or scheme, as the case may be, by subsequent order or subsequent directions or subsequent scheme made in the like manner and subject to the same provisions.

(7)Any power [F12conferred by this Act] to make regulations [F13, orders or directions] may be exercised—

(a)either in relation to all cases to which the power extends, or in those cases subject to exceptions, or in relation to any [F14specified cases or classes of case], and

(b)subject to such other exceptions or conditions as the Secretary of State thinks fit,

and shall include power to make such [F15supplementary, incidental, consequential, transitory, transitional or saving] provision as appears to the Secretary of State to be expedient.

[F16This subsection does not apply to regulations made under section 22 (but without prejudice to subsection (3) of that section) or to an order made under section 49 (but without prejudice to paragraph 1(1) of Schedule 10).]

Textual Amendments

F1S. 105(1A) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(21)(a)

F2Words in s. 105(2) substituted (temp. from 24.6.2009 for certain purposes, otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 2(2)(a), 4, 6(2)(3), 7, 11(1); S.S.I. 2009/242, art. 2

F3S. 105(2A) inserted (temp. from 24.6.2009 for certain purposes, otherwise prosp.) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 2(2)(b), 4, 6(2)(3), 7, 11(1); S.S.I. 2009/242, art. 2

F4Words in s. 105(3) inserted (8.11.2010 for certain purposes, otherwise 22.12.2010) by Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), ss. 39(2), 43(3); S.S.I. 2010/372, art. 2, Schs. 1, 2

F5Words in s. 105(3) inserted (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. 17 para. 21(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F6Words in s. 105(3) inserted (1.4.2024) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 4(4), 15(2); S.S.I. 2024/20, reg. 2(2)

F7Words in s. 105(3) inserted (14.10.1999) by 1999 c. 8, s. 59(2); S.S.I. 1999/115, art. 2

F8Words in s. 105(3) inserted (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. 17 para. 21(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F9Figures inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(21)(b)

F10Words in s. 105(4)(b) repealed (1.4.1995) by 1994 c. 16, s. 2(1); S.I. 1995/576, art. 2

F11Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(21)(c)