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National Health Service (Scotland) Act 1978, Section 15 is up to date with all changes known to be in force on or before 05 September 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.
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(1)The Secretary of State [F1or a Health Board] may—
(a)purchase and store and, on such terms and conditions as may be agreed, supply to persons [F2—
(i)] providing [F3primary medical services under a general medical services contract or], general dental or general ophthamic services, or pharmaceutical services under Part II [F4 or
(ii)providing, in accordance with section 17C arrangements, [F5primary medical services], personal dental services or other services of a kind that may be provided under this Part or Part III,]
such equipment, goods or materials as may be prescribed;
F6(b)purchase and store and, on such terms and conditions as may be agreed, supply to local authorities, education authorities, government departments and such public bodies or classes of public bodies as may be determined by the Secretary of State, any equipment, goods or materials of a kind used in the health service;
(c)provide local authorities and education authorities, on such terms and conditions as may be agreed, with any administrative, professional or other services of persons employed by [F7or having contracts with] the Secretary of State [F8or a Health Board];
(d)permit local authorities and education authorities, on such terms and conditions as may be agreed, to use premises occupied for the purposes of the health service;
(e)permit local authorities and education authorities, on such terms and conditions as may be agreed, to use any vehicle, plant or apparatus belonging to a Health Board or the Agency;
(f)permit education authorities, on such terms and conditions as may be agreed, and for the purpose of providing special education within the meaning of section [F91(5)(c) of the M1Education (Scotland) Act 1980], to use any premises or facilities provided under section 36;
(g)carry out, on such terms and conditions as may be agreed, maintenance work in connection with land or buildings for the maintenance of which a local authority or education authority is responsible.
[F10(1ZA)Paragraph (a) of subsection (1) applies to the Agency as it applies to a Health Board.]
[F11(1A )Paragraphs (b) to (e) of subsection (1) apply to HIS (in respect of the exercise of its health service functions only) as they apply to a Health Board.]
(2)In paragraphs (a) and (b) of subsection (1) [F12(including [F13paragraph (a) as applied by subsection (1ZA) and] paragraph (b) as applied by subsection (1A))], the power to supply equipment, goods and materials includes a power to make arrangements with third parties for the supply by them of those things.
(2A)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2B)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2C)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2D).F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so available, [F15the Vehicles Excise and Registration Act 1994] and Part VI of the M2Road Traffic Act 1972 shall have effect with such modifications as are specified in the order.
Textual Amendments
F1Words in s. 15(1) substituted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 63(3)(a)(i), 72(2); S.S.I. 2014/231, art. 2
F2Words in s. 15(1)(a) renumbered as "(i)" (1.4.1998 for certain purposes, otherwise prosp.) by 1997 c. 46 s. 41(10), Sch. 2 Pt. I para. 35(a); S.I. 1998/631, art. 2(b), Sch. 2
F3Words in s. 15(1)(a)(i) substituted (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(2)(a); S.S.I. 2004/58, art. 2(3).
F4S. 15(1)(a)(ii) and preceeding word "or" inserted (1.4.1999 for certain purposes, otherwise prosp.) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 35(b); S.I. 1998/631, art. 2(b), Sch. 2
F5Words in s. 15(1)(a)(ii) substituted (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(2)(b); S.S.I. 2004/58, art. 2(3)
F6S. 15(2) applied in part (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art . 6)
S. 15(2) applied in part (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I
S. 15(2) applied in part (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
S. 15(2) applied in part (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch Pt. I
F7Words inserted by Health Services Act 1980 (c. 53), s. 3(2)
F8Words in s. 15(1)(e) repealed (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 63(3)(a)(ii), 72(2); S.S.I. 2014/231, art. 2
F9Words substituted by Education (Scotland) Act 1980 (c. 44), Sch. 4 para. 16
F10S. 15(1ZA) inserted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 63(3)(b), 72(2); S.S.I. 2014/231, art. 2
F11S. 15(1A) 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. 7(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F12Words in s. 15(2) 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. 7(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F13Words in s. 15(2) inserted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 63(3)(c), 72(2); S.S.I. 2014/231, art. 2
F14S. 15(2A)-(2D) repealed (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 63(3)(d), 72(2); S.S.I. 2014/231, art. 2
F15Words in s. 15(3) substituted (1.9.1994) by 1994 c. 22, s. 63, Sch. 3 para. 13 (with s. 57(4))
Modifications etc. (not altering text)
C1Pt. 1 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
C2S. 15 applied in part (with modifications) (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
C3S. 15(1)(a) modified (1.4.2004) by The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004 (S.S.I. 2004/163), art. 96
C4S. 15(1)(b)–(e), (2) applied (1.4.1991) by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
C5S. 15(1)(b)-(e) applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)
S. 15(1)(b)-(e) applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)
S. 15(1)(b)-(e) applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
S. 15(1)(b)-(e) applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
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