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Scottish Statutory Instruments
NATIONAL HEALTH SERVICE
Made
24th June 2002
Laid before the Scottish Parliament
25th June 2002
Coming into force
27th June 2002
The Scottish Ministers, in exercise of the powers conferred by sections 2(1)(b), (1A), (1B) and (1C) and 105(7) of the National Health Service (Scotland) Act 1978(1), and of all other powers enabling them in that behalf, hereby make the following Order:
1. This order may be cited as the National Waiting Times Centre Board (Scotland) Order 2002 and shall come into force on 27th June 2002.
2.—(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 the National Waiting Times Centre Board, which is constituted by this Order.
(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.
3. There is hereby constituted a Special Health Board for the whole of Scotland to be known by the name of the National Waiting Times Centre Board.
4.—(1) The Board shall exercise the following functions of the Scottish Ministers namely:–
(a)to provide goods and services for the purpose of the Health Service, including in particular surgical, medical and related services at hospital accommodation and ancillary facilities located at Beardmore Way, Dalmuir, Clydebank; 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 voluntary organisations whose activities include the provisions of a service similar or related to a service provided under the Act;
(b)the power of the Scottish Ministers under section 16B(2) of the Act 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 or for the provision of which the Board is under a duty to make arrangements by virtue of the Act and the assistance so given is given on such terms and conditions as the Scottish Ministers might determine;
(c)the duty of the Scottish Ministers under section 36(1) of the Act to provide throughout Scotland, to such extent as the Board considers necessary to meet all reasonable requirements, accommodation and associated services;
(d)the duty of the Scottish Ministers under section 37 of the Act to make arrangements to such extent as the Board considers necessary to meet all reasonable requirements for the purposes of the prevention of illness, the care of persons suffering from illness and the after-care of such persons;
(e)the duty of the Scottish Ministers under section 41 of the Act to such extent as the Board considers necessary to make arrangements for the giving of advice on contraception;
(f)the power of the Scottish Ministers under section 42 of the Act to disseminate information relating to the promotion and maintenance of health and the prevention of illness;
(g)the duty of the Scottish Ministers under section 47 to make available such facilities as appear to the Board to be reasonably necessary for undergraduate and post-graduate clinical teaching and research and for the education and training of persons providing or intending to provide services under the Act and to conduct or assist by grants or otherwise under that section research into any matters relating to the causation, prevention, diagnosis or treatment of illness, or into other matters relating to the health service;
(h)the power of the Scottish Ministers under section 48 of the Act to provide on such terms and conditions as may be agreed residential accommodation for officers employed for the purposes of any functions of the Board under the Act, including residential and practice accommodation for medical and dental practitioners;
(i)the powers of the Scottish Ministers under section 79(1) of the Act(3) 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;
(j)the power of the Scottish Ministers under paragraph 4 of Schedule 1 to the Act(4), as applied in relation to the Board by article 5, 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; and
(k)the power of the Scottish Ministers under paragraph 13 of Schedule 1 to the Act, as applied in relation to the Board by article 5, 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 the 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 1939(5), it is executed on their behalf in accordance with paragraph 6 of Schedule 2 to the Requirements of Writing (Scotland) Act 1995(6).
(4) Nothing in this Order shall prevent or restrict from exercising any function under the Act–
(a)the Scottish Ministers;
(b)any Health Board;
(c)any other Special Health Board; or
(d)the Common Services Agency.
5.—(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.
MALCOLM CHISHOLM
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
24th June 2002
Article 5(1)
| 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 directions(7) | |
| 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 Agency(8) | |
| Section 13 | Co-operation between Health Boards and other Authorities(9) | |
| Section 13A | Co-operation in planning of services for disabled persons, the elderly and others(10) | |
| 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 powers(12) | |
| In Part V | ||
| In Section 79– | ||
| Sub section (1A) | Power of Scottish Ministers to dispose of land(13) | |
| 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 Boards(14) | |
| Section 84A | Power to raise money and property by appeals, collections and other similar activities(15) | |
| Section 85AA | Means of meeting expenditure of Health Boards out of public funds(16) | |
| In Section 85– | Expenses of certain bodies(17) | |
| 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 subsection(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 expenditure(18) | |
| 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 bodies(19) | |
| Section 86 | Provision in relation to the keeping and auditing of accounts, and their submission to the Scottish Ministers(20) | |
| Section 87 | Power to make regulations as to financial arrangements of health service bodies | |
| In Part VII– | ||
| Section 101 | Protection of Health Boards(21) | |
| 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 prescribed(22) | |
| Paragraph 5 | Employment of officers and servants(23) | |
| Paragraph 5A | Power to make regulations as to the date of appointment(24) | |
| 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 directions(25) | |
| Paragraph 7A | Power to make regulations providing for transfer of officers and servants(26) | |
| Paragraph 7B | Directions to Health Boards to place officers or servants at disposal of other bodies(27) | |
| Paragraph 11 | Power to make regulations as to appointment, committees and procedure(28) | |
| Paragraph 11A | Subscription to funds of other bodies(29) | |
| 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 servants(30) | |
| Paragraph 7C | Power to make directions as to placing of staff with other bodies(31) |
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Enactment | Nature of Provision | Modifications and Limitations (where Applicable) |
| The Public Bodies (Admission to Meetings) Act 1960(32) | Admission of the public to meetings | |
| Health and Medicines Act 1988(33) Section 7(1)–(7) and (8) | Extension of powers of Scottish Ministers for financing the health service | |
| Health Service Commissioners Act 1993(34) | Provisions for investigations by the Health Service Commissioner for Scotland | |
| Requirements of Writing (Scotland) Act 1995(35), 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 |
| 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 1974(36) | 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 1960(37) | |
| The National Health Service (Financial Provisions) (Scotland) Regulations 1974(38) | 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 1987(39) | 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 1991(40) | The determination of remuneration and conditions of service of officers of Health Boards | |
| The National Health Service (Appointment of Consultants) (Scotland) Regulations 1993(41) | 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 2001(42) | Provision as to the membership of, and procedure to be applied by, Health Boards |
(This note is not part of the Order)
This Order constitutes a Special Health Board for the whole of Scotland to be known as the National Waiting Times Centre Board (“the Board”) (article 3).
Article 4 of the Order confers on the Board functions in relation to the provision of goods and services for the purpose of the Health Service, including in particular surgical, medical and related services at hospital accommodation and ancillary facilities situated at Dalmuir, Clydebank (formerly the HCI Hospital).
Article 5 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 and the appointment and remuneration of Board members and staff. Provisions in certain other Acts relevant to Health Boards are also applied as are provisions in various sets of Regulations.
1978 c. 29; section 2(1) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (“the 1983 Act”), Schedule 7, paragraph 1, and by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 28 which inserted sub-sections (1)(b), (1A), (1B) and (1C); section 105(7) which was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), Schedule 6, paragraph 5(1) and Schedule 7, and by the 1983 Act, Schedule 9, paragraph 24, and by the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 60, contains provisions relevant to the exercise of the powers under which this Order is made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).
Section 16B was inserted by the 1983 Act, section 3.
Section 79(1) was amended by the 1990 Act, Schedule 9, paragraph 19(15).
Paragraph 4 of Schedule 1 was amended by the 1990 Act, Schedule 5, paragraph 3.
Section 2(5) was amended by the 1990 Act, Schedule 9, paragraph 19(1).
Section 10(4) was amended by the 1990 Act, Schedule 10 and by the 1999 Act, Schedule 4, paragraph 44.
Section 13 was amended by the 1990 Act, Schedule 9, paragraph 19(4).
Section 13A was inserted by the National Health Service (Amendment) Act 1986 (c. 66) and amended by the 1990 Act, Schedule 9, paragraph 19(5).
Section 17A was inserted by the 1990 Act, section 30 and amended by the Health Authorities Act 1995 c. 17, Schedule 1, paragraph 102 and amended by the 1999 Act, Schedule 4, paragraph 46.
Section 77 was amended by the 1990 Act, Schedule 9, paragraph 19(14).
Section 79(1A) was repealed in part by the Requirements of Writing (Scotland) Act 1995 (c. 7), section 14(2) and Schedule 5.
Section 84 was amended by the 1990 Act, Schedule 9, paragraph 19(10).
Section 84A was inserted by the 1980 Act, section 5(2) and amended by the 1990 Act, Schedule 9, paragraph 19(17).
Section 85AA was inserted by the 1999 Act, section 52.
Section 85 was substituted by the 1999 Act, section 52.
Section 85A was inserted by the 1980 Act, section 6(4) and amended by the Health and Medicines Act 1988 (c. 49), section 16(4) and by the 1999 Act, Schedule 4, paragraph 55.
Section 85B was inserted by the 1990 Act, section 41 and amended by the 1999 Act, Schedule 4, paragraph 56.
Section 86 was amended by the 1990 Act, section 36(2) to (8) and amended by the 1999 Act, Schedule 4, paragraph 57.
Section 101 was amended by the 1990 Act, Schedule 9, paragraph 19(19).
Paragraph 4 was amended by the 1990 Act, Schedule 5, paragraph 3.
Paragraph 5 was amended by the 1980 Act, Schedule 6, paragraph 7(2) and Schedule 7.
Paragraph 5A was inserted by the 1983 Act, Schedule 7, paragraph 4.
Paragraph 7 was amended by the 1980 Act, Schedule 6, paragraph 7(3).
Paragraph 7A was inserted by the 1990 Act, Schedule 5, paragraph 5.
Paragraph 7B was inserted by the 1990 Act, Schedule 5, paragraph 5.
Paragraph 11 was amended by the 1980 Act, Schedule 6, paragraph 7(4) and Schedule 7 and by the 1990 Act, Schedule 5, paragraph 7.
Paragraph 11A was inserted by the 1980 Act, Schedule 6, paragraph 7(5).
Paragraph 7B was inserted by the 1990 Act, Schedule 5, paragraph 11.
Paragraph 7C was inserted by the 1990 Act, Schedule 5, paragraph 11.
S.I. 1974/549.
S.I. 1974/468.
S.I. 1991/537.
S.I. 2001/302
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