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National Health Service (Scotland) Act 1978, Section
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(1)It is the duty of every Health Board and Special Health Board and of [F3HIS and] the Agency to promote the improvement of the physical and mental health of the people of Scotland.
(2)A Health Board, a Special Health Board [F4the Agency or HIS] may do anything which they consider is likely to assist in discharging that duty including, in particular—
(a)giving financial assistance to any person,
(b)entering into arrangements or agreements with any person,
(c)co-operating with, or facilitating or co-ordinating the activities of, any person.
(3)Subsections (1) and (2) are without prejudice to any other provision of this Act conferring or imposing functions on a Health Board, a Special Health Board [F5, the Agency or HIS].
(4)Anything done by a Health Board or Special Health Board in pursuance of subsection (1) or (2) is to be regarded as done in exercise of functions of the Scottish Ministers conferred on—
(a)the Health Board by the order under section 2(1)(a) which constituted the Board, or
(b)the Special Health Board by the order under section 2(1)(b) which constituted the Board,
as the case may be.]
Textual Amendments
F1S. 2A inserted (1.1.2005) by National Health Service Reform (Scotland) Act 2004 (asp 7), ss. 9(2), 12(1); S.S.I. 2004/361, art. 2(c)
F2Words in s. 2A title substituted (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. 3; S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F3Words in s. 2A(1) 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. 2(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F4Words in s. 2A(2) substituted (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. 2(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F5Words in s. 2A(3) substituted (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. 2(c); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
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))
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