2008 No. 312

NATIONAL HEALTH SERVICE

The National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008

Made

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 10(3) and (4) and 105(6) and (7) of the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.

In accordance with section 10(4) of that Act, they have consulted with Health Boards, Special Health Boards and other interests as appear to them to be concerned.

Citation, commencement and interpretation1

1

This Order may be cited as the National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008 and comes into force on 1st October 2008.

2

In this Order–

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

  • “the Agency” means the Common Services Agency for the Scottish Health Service constituted under section 10(1) of the Act2;

  • “Health Board” means a Health Board constituted under section 2(1)(a) of the Act3;

  • “pharmaceutical services” has the meaning ascribed to it by section 27(1) of the Act4;

  • “the Scottish Dental Practice Board” means the Board constituted under section 4(1) of the Act5;

  • “Special Health Board” means a Special Health Board constituted under section 2(1)(b) of the Act6.

Functions of the Agency2

The functions of the Agency are to:

a

examine, check and price prescriptions for drugs, medicines and appliances supplied under the arrangements for the provision of pharmaceutical services;

b

provide accommodation of the kind referred to in section 36(1) of the Act for the functions of the Agency and, if so directed by Scottish Ministers, for the functions of Health Boards and Special Health Boards;

c

provide such services relating to the exercise by Scottish Ministers, Health Boards or Special Health Boards of functions under section 36(1) or section 48 of the Act as they may require;

d

procure equipment, supplies and services in support of the functions of the Scottish Ministers, Health Boards and Special Health Boards;

e

exercise the power of the Scottish Ministers under section 40(1) of the Act to make arrangements with medical practitioners for the vaccination or immunisation of persons against yellow fever, either by medical practitioners or by persons acting under their control;

f

provide information, advice and management services in support of the functions of Scottish Ministers, Health Boards and Special Health Boards other than where the Health Protection Agency is exercising functions under the Health Protection Agency (Scottish Health Functions) Order 20067;

g

exercise the functions of the Scottish Ministers under section 44 of the Act to provide supplies of human blood for the purposes of carrying out blood transfusion, or provide material which has come from a human body and consists of, or includes, human cells, and provide related services for the purpose of, or in the course of, providing any service in relation to the health service;

h

provide staff, accommodation and other facilities required by the Scottish Dental Practice Board to enable the Board to discharge its duties with respect to the approval of estimates of dental treatment and appliances;

i

co ordinate personnel policies, including, to such extent as may be agreed with Health Boards and Special Health Boards, arrangements for appointment, training and planned movement of staff and the organisation of and participation in training;

j

collect and disseminate epidemiological data and participate in epidemiological investigations;

k

provide legal services to Health Boards and Special Health Boards;

l

prevent, detect and investigate fraud or other irregularities in relation to the health service;

m

exercise the powers of the Scottish Ministers under section 79(1) of the Act8 to take on lease or to purchase by agreement moveable property and land which is required for the functions of the Agency and to use for those functions and manage any heritable or moveable property so acquired; and

n

exercise the powers of the Scottish Ministers under section 79(1A) of the Act9 to dispose of land no longer required for the functions of the Agency.

Revocations3

The Orders specified in the Schedule are revoked.

S. ROBISONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULEREVOCATIONS

Article 3

Orders revoked

References

The National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974

S.I.1974/467

The Common Services Agency (Withdrawal and Amendment of Functions) (Scotland) Order 1991

S.I.1991/900

The National Health Service (Functions of the Common Services Agency) (Scotland) Amendment Order 2000

S.S.I. 2000/224

The National Health Service (Functions of the Common Services Agency) (Scotland) Amendment Order 2003

S.S.I. 2003/159

The National Health Service (Functions of the Common Services Agency) (Scotland) Amendment (No. 2) Order 2003

S.S.I. 2003/306

The National Health Service (Functions of the Common Services Agency) (Scotland) Amendment (No. 2) Order 2006

S.S.I. 2006/603

(This note is not part of the Order)

This Order consolidates the National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974 and related Orders.

The Order specifies the functions to be undertaken by the Common Services Agency for the Scottish Health Service (“the Agency”).

Article 2 of the Order lists the functions of the Agency and extends those functions to include the provision of accommodation, services, procurement, information and advice, and co ordination of personnel policies to Special Health Boards.

Article 3 of, and the Schedule to, the Order provide for the revocation of the Orders being consolidated.