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National Health Service (Scotland) Act 1978
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Changes to legislation:
National Health Service (Scotland) Act 1978, Section 10H is up to date with all changes known to be in force on or before 08 January 2025. 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.
Changes and effects yet to be applied to Section 10H:
- 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)
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)
[F110HStandards and outcomesS
(1)The Scottish Ministers may prepare and publish standards and outcomes applicable to—
(a)services provided under the health service [F2or under the 2021 Act];
(b)independent health care services.
(2)The Scottish Ministers must keep any standards and outcomes so published under review and may under subsection (1) publish amended standards and outcomes whenever they consider it appropriate to do so.
(3)Before publishing under subsection (1) any—
(a)standards and outcomes;
(b)amended standards and outcomes which in the opinion of the Scottish Ministers are substantially different from the standards and outcomes (or amended standards and outcomes) last so published,
the Scottish Ministers must consult such persons, or groups of persons, as they consider appropriate.
(4)In relation to a service provided under the health service [F3or under the 2021 Act], or an independent health care service, any applicable standards and outcomes published under subsection (1) must be taken into account—
(a)by HIS in making any decision under this Part;
(b)in any proceedings on an appeal under section 10Z4; and
(c)in any proceedings for an offence in relation to registration under section 10P.
(5)The Scottish Ministers may make different provision for different services under subsection (1).
(6)The Scottish Ministers may delegate their functions under subsections (1) to (3) to HIS or such other persons as they consider appropriate.]
Textual Amendments
F1Ss. 10A-10Z19 and cross-headings inserted (1.8.2010 for the insertion of s. 10A for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 for specified purposes, 1.4.2016 for specified purposes with the exception of the insertion of s. 10Z9(1)(a), 1.4.2017 for specified purposes, 19.6.2024 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 108, 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.; S.S.I. 2016/22, art. 2(1)(2), sch. 1, sch. 2; S.S.I.2024/131, art. 2, sch. 1
F2Words in s. 10H(1)(a) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(4)(a) (with s. 3); S.S.I. 2022/24, reg. 2
F3Words in s. 10H(4) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 1(4)(b) (with s. 3); S.S.I. 2022/24, reg. 2
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