Scottish Statutory Instruments
NATIONAL HEALTH SERVICE
Made
14th May 2009
Laid before the Scottish Parliament
18th May 2009
Coming into force
1st July 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(5), 27, 28(2), 28A, 32D, 32E, 105(7), 106(a) and 108(1) of and Schedule 1, paragraph 11(b) and (c) to, the National Health Service (Scotland) Act 1978(1) and all other powers enabling them to do so.
In accordance with paragraph 24(1) and (3) of Schedule 7 to the Tribunals Courts and Enforcement Act 2007(2) they have consulted the Administrative Justice and Tribunals Council and its Scottish Committee.
1978 c. 29. Section 2(5) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), Schedule 9, paragraph 19(1); section 27 was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 20(2), by the National Health Service (Amendment) Act 1986 (c. 66) (“the 1986 Act”), section 3(3), by S.I. 1987/2202 and by the 1990 Act, Schedule 9, paragraph 19(7) and is to be read with the Health and Medicines Act 1988 (“the 1988 Act”), section 17; section 28(1) was amended by the 1986 Act, section 3(4); section 28(A) was inserted by the Health and Social Security Act 1984 (c. 48), section 7(2) and was amended by the 1988 Act, section 15; section 105(7) was amended by the 1980 Act, Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (“the 1983 Act”), Schedule 9, paragraph 24; see section 108(1) for the definitions of “prescribed” and “regulations”; paragraph 11(b) of Schedule 1 was amended by the 1990 Act, Schedule 5, paragraph 7. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act (c.46).
2007 c. 15. The National Appeal Panel constituted under Part II of Schedule 4 to these Regulations is a listed tribunal for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007, in terms of S.S.I. 2007/436.