2002 No. 103

NATIONAL HEALTH SERVICE

The NHS Education for Scotland Order 2002

Made5th March 2002

Laid before the Scottish Parliament8th March 2002

Coming into force in accordance with article 1(2) and (3)

The Scottish Ministers, in exercise of the powers conferred by sections 2(1)(b), (1A), (1B) and (1C) and 105(6) and (7) of the National Health Service (Scotland) Act 19781, and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement1.

(1)

This Order may be cited as the NHS Education for Scotland Order 2002.

(2)

This Order, except for article 7, shall come into force on 31st March 2002.

(3)

Article 7 of this Order shall come into force on 1st April 2002.

Interpretation2.

(1)

For the purposes of this Order–

“the Act” means the National Health Service (Scotland) Act 1978;

“the Board” means the Special Health Board, to be known by the name of NHS Education for Scotland, which is constituted by this Order;

“the Council” means the Scottish Council for Postgraduate Medical and Dental Education.

(2)

In this Order unless the context otherwise requires a reference to an article or Schedule is to an article of, or the Schedule to, this Order and a reference to a paragraph is to a paragraph of the article in which the reference is made.

Constitution, name and area of the Board3.

There is hereby constituted a Special Health Board for the whole of Scotland to be known as NHS Education for Scotland.

Functions of the Board4.

(1)

The Board shall exercise the following functions of the Scottish Ministers namely–

(a)

functions in relation to providing, co-ordinating, developing, funding and advising on education and training for persons providing or intending to provide services under the Act in Scotland conferred by the Act including, without prejudice to the foregoing generality, those specified in section 47 of the Act (making available facilities for education, research and training); and

(b)

functions specified in paragraph (2) subject, however, to any limitations there specified.

(2)

The functions specified in this paragraph are as follows:–

(a)

the power of the Scottish Ministers under section 16(1) of the Act to assist any voluntary organisations whose activities include the provision of a service similar or related to a service provided by the Board under the Act;

(b)

the power of the Scottish Ministers under section 16(B) of the Act2 to give financial assistance to voluntary organisations limited to assistance to such organisations whose activities consist of or include the provision of services similar to services provided by the Board for the purpose of education and training, the co-ordination, developing and advising on or of education and training and the assistance so given is given on such terms and conditions as the Scottish Ministers might determine;

(c)

the powers of the Scottish Ministers under section 79(1) of the Act3 to take on lease or to purchase moveable property and land which is required for the purposes of the Board and to use for those purposes and manage any heritable or moveable property so acquired;

(d)

the power of the Scottish Ministers under paragraph 4 of Schedule 1 to the Act, as applied in relation to the Board by article 6, to pay remuneration to the chairman of the Board and to such other members thereof as may be prescribed so, however, that this sub-paragraph shall not be construed as extending to the power to determine the remuneration or to prescribe the members to whom it may be paid;

(e)

the power of the Scottish Ministers under paragraph 13 of Schedule 1 to the Act, as applied in relation to the Board by article 6, to pay to members of the Board, and any committees and sub-committees thereof, travelling and other allowances so, however, that this sub-paragraph shall not be construed as extending to the power to determine the amount of such allowances.

(3)

In exercising any functions of the Scottish Ministers to acquire, use, manage or dispose of land the Board shall ensure–

(a)

that any instrument in connection with the exercise of those functions is in the name of Scottish Ministers and not that of the Board; and

(b)

that, where any such instrument requires to be executed on behalf of the Scottish Ministers and it is not executed in accordance with section 1(8) of the Reorganisation of Offices (Scotland) Act 19394, it is executed on their behalf in accordance with paragraph 6 of Schedule 2 to the Requirements of Writing (Scotland) Act 19955.

(4)

Nothing in this Order shall prevent or restrict any of the following from exercising any function conferred upon them by or under the Act–

(a)

the Scottish Ministers;

(b)

any Health Board;

(c)

any other Special Health Board; or

(d)

the Common Services Agency.

Transfer of property5.

On 31st March 2002, all property, whether heritable or moveable, together with any rights, liabilities and obligations related thereto, which is vested in the Council shall transfer to and vest in the Board.

Applications of enactments6.

(1)

Each of the enactments specified in column 1 of each Part of the Schedule (the subject matter of which is described generally in column 2) shall apply in relation to the Board as it applies in relation to Health Boards subject, however, to the modifications and limitations (if any) specified opposite thereto in column 3 and to paragraph (2).

(2)

The enactments which are applied in relation to the Board by virtue of paragraph (1) are so applied only for the purposes of the exercise by the Board of the functions conferred on it by this Order.

Revocation7.

The Scottish Council for Postgraduate Medical and Dental Education Order 19936 is hereby revoked.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

5th March 2002

SCHEDULEENACTMENTS APPLIED TO THE BOARD

Article 6(1)

PART ITHE ACT

Column 1	Column 2	Column 3
Enactment	Nature of Provision	Modifications and Limitations (where applicable)
In the Act–
In Part I
In Section 2–	Health Boards
Sub section (3)	Variation of area and functions of Health Board
Sub section (4)	Provisions incidental to variation of area or functions of Health Boards
Sub section (5)	Health Boards to act in accordance with regulations or directions7
Sub section (8)	Health Board to act as principal
In Section 10–	Common Services Agency
Sub section (4)	Power to provide that functions of Health Boards may be referred to the Agency8
Section 13	Co-operation between Health Boards and other Authorities9
Section 13A	Co-operation in planning of services for disabled persons, the elderly and others10
Section 17A	Power to enter into arrangements with NHS bodies for the provision of goods and services (“NHS contracts”)11
In Part IV
Section 77	Default powers12
In Part V
In Section 79–
Sub section (1A)	Power of Scottish Ministers to dispose of land13
Sub section (3)	Power to acquire moveable property on behalf of the Scottish Ministers
In Section 83–
Sub section (1)	Power to hold property on trust
Section 84	Power to trustees to make payments to Health Boards14
Section 84A	Power to raise money and property by appeals, collections and other similar activities15
Section 85AA	Means of meeting expenditure of Health Boards out of public funds16
In Section 85–	Expenses of certain bodies17
Sub section (1)	Payment of expenses of certain bodies
Sub section (2)	Date of allotment
Sub section (3)	Power to make directions to bodies listed in sub section(1)
Sub section (4)	Conditions subject to which payments shall be made
In Section 85A–
Sub section (1)	Duty of bodies referred to in section 85(1) as regards expenditure18
Sub section (3)	Power to make directions in relation to duty under subsection (1)
Sub section (4)	Disregard for the purposes of the section of certain trust funds
Section 85B	Power to make provision for meeting losses and liabilities etc of certain health service bodies19
Section 86	Provision in relation to the keeping and auditing of accounts, to their submission to the Scottish Ministers20
Section 87	Power to make regulations as to financial arrangements of health service bodies
In Part VII–
Section 101	Protection of Health Boards21
In Schedule 1–	Health Boards
Paragraph 1	Health Boards to be bodies corporate and have a common seal
Paragraph 2	Appointment of Chairman and members
Paragraph 4	Payment of remuneration to the Chairman and such members of Health Boards as may be prescribed22
Paragraph 5	Employment of officers and servants23
Paragraph 5A	Power to make regulations as to the date of appointment24
Paragraph 6	Power to make regulations as to method of appointment, qualifications, remuneration and conditions of service of officers and servants
Paragraph 7	Officers and servants employed in accordance with regulations and directions25
Paragraph 7A	Power to make regulations providing for transfer of officers and servants26
Paragraph 7B	Directions to Health Boards to place officers or servants at disposal of other bodies27
Paragraph 11	Power to make regulations as to appointment, committees and procedure28
Paragraph 11A	Subscription to funds of other bodies29
Paragraph 12	Proceedings not to be invalidated by vacancies
Paragraph 13	Payment to members of a Health Board, the committees and sub-committees thereof of travelling and other allowances, including compensation for loss of remunerative time	The words “, including compensation for loss of remunerative time,” shall be omitted
Paragraph 14	Allowances not payable except in circumstances determined by the Scottish Ministers
Paragraph 15	Time and method of payment of allowances
In Schedule 5–	Common Services Agency
Paragraph 7B	Power to make regulations providing for the transfer of officers and servants30
Paragraph 7C	Power to make directions as to placing of staff with other bodies31

PART IIACTS OTHER THAN THE ACT

Column 1	Column 2	Column 3
Enactment	Nature of Provision	Modifications and Limitations (where applicable)
The Public Bodies (Admission to Meetings) Act 196032	Admission of the public to meetings
Overseas Development and Co operation Act 198033
Section 2(1)(a) and (c)	Powers of National Health Services bodies in Scotland to enter into and carry out agreements to furnish technical assistance outside the UK
Schedule 134	Statutory bodies with powers under section 2(1)	Limited to the reference in Part IV to “A Health Board”
Health and Medicines Act 198835
Section 7(1)–(8)	Extension of powers of Scottish Ministers for financing the Health Service
Requirements of Writing (Scotland) Act 199536 Schedule 2, paragraph 6	Where they have delegated any function relating to the acquisition management or disposal of land, power of the Scottish Ministers to authorise any officer of a Health Board to execute an instrument on their behalf
Health Service Commissioners Act 199337	Provisions for investigations by the Health Service Commissioner for Scotland

PART IIIENACTMENTS OTHER THAN ACTS OF PARLIAMENT

Column 1	Column 2	Column 3
Enactment	Nature of Provision	Modifications and Limitations (where applicable)
The National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 197438	Prohibits employment for provision of services under the National Health Service of certain health professions unless they are registered under the Professions Supplementary to Medicine Act 196039
The National Health Service (Financial Provisions) (Scotland) Regulations 197440	Preparation of estimates of income and expenditure and accounts of Health Boards and related matters of a financial nature	Limited so as to exclude the application of any provisions relative to Local Health Councils or the Common Services Agency
The National Health Service (Food Premises) (Scotland) Regulations 198741	Health Authorities (including Health Boards) to be treated for the purpose of food legislation (as defined in the Regulations) as both owners and occupiers of premises used by them
The National Health Service (Remuneration and Conditions of Service) (Scotland) Regulations 199142	The determination of remuneration and conditions of service of officers of Health Boards
The National Health Service (Appointment of Consultants) (Scotland) Regulations 199343	Appointment as an officer of a Health Board of any registered medical or dental practitioner to the post of consultant or of any registered medical practitioner to the post of community medicine specialist
The Health Boards (Membership and Procedure) (Scotland) Regulations 200144	Provision as to the membership and procedure to be applied by Health Boards

(This note is not part of the Order)

This Order constitutes on 31st March 2002 a Special Health Board for the whole of Scotland to be known as NHS Education for Scotland (article 3).

The Board will exercise functions of the Scottish Ministers in respect of providing, co-ordinating, funding and advising on education and training for persons providing services under the National Health Service (Scotland) Act 1978 (article 4). The Board will carry out the functions formerly carried out by the Scottish Council for Postgraduate Medical and Dental Education, itself a Special Health Board, which is abolished on 1st April 2002 by article 7. Property of the Scottish Council for Postgraduate Medical and Dental Education transfers to the Board on 31st March 2002 (article 5).

Article 6 and the Schedule apply to the Board various provisions in enactments which apply to Health Boards in general. These include provisions as to funding, the keeping and auditing of accounts, the transfer of officers and the appointment and remuneration of Board members and staff. Provisions in certain other Acts of Parliament relevant to Health Boards are also applied as are provisions in various sets of Regulations.