The National Health Service (Variation of Areas of Health Boards) (Scotland) Order 2013

PART 1 GENERAL

Citation and commencement

1.—(1) This Order may be cited as the National Health Service (Variation of Areas of Health Boards) (Scotland) Order 2013.

(2) With the exception of those articles mentioned in paragraph (3), this Order comes into force on 1st February 2014.

(3) Articles 3, 4, and 8 come into force on 1st April 2014.

Interpretation

2.  In this Order:—

“dental list” has the meaning assigned to it in regulation 4 of the National Health Service (General Dental Services) (Scotland) Regulations 2010(1);

“list” means—

(a)

a dental list;

(b)

an ophthalmic list;

(c)

a pharmaceutical list;

(d)

a primary medical services performers list; or

(e)

a provisional pharmaceutical list;

“ophthalmic list” means a list maintained in accordance with regulation 6 of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006(2);

“pharmaceutical list” has the meaning assigned to it in regulation 5 of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009(3);

“primary medical services performers list” has the meaning assigned to it in regulation 2 of the National Health Service (Primary Medical Performers Lists) (Scotland) Regulations 2004(4); and

“provisional pharmaceutical list” has the meaning assigned to it in regulation 8 of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009.

Variation of areas of Health Boards

3.—(1) The area for which a Health Board specified in column A of the table in Schedule 1 is constituted is varied so that the area of that Health Board is the same as the combined area of each local government area listed in the corresponding entry in column B of the table.

(2) In Column B of the table a reference to a local government area is to the area of the council of that name constituted under section 2 of the Local Government etc. (Scotland) Act 1994(5) as that area is specified in Part 1 of Schedule 1 to that Act and amended by any instrument listed in Schedule 2 to this Order.

Revocation of Areas Order

4.  The National Health Service (Determination of Areas of Health Boards) (Scotland) Order 1974(6) is revoked.

PART 2 TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES BETWEEN LANARKSHIRE HEALTH BOARD AND GREATER GLASGOW HEALTH BOARD

Scheme for the transfer of property, rights and liabilities

5.—(1) Lanarkshire Health Board and Greater Glasgow Health Board must prepare and, prior to 1st March 2014, make a scheme for the transfer to Lanarkshire Health Board of such property, rights and liabilities of Greater Glasgow Health Board as is necessary or expedient having regard to the variation of the area of each Health Board.

(2) The scheme transfers that property and those rights and liabilities to Lanarkshire Health Board.

(3) The scheme has effect from 1st April 2014.

(4) Any endowment or property held on trust by or on behalf of Greater Glasgow Health Board which is transferred to Lanarkshire Health Board by virtue of paragraph (2) is to be held by them on trust for such purposes relating to services provided under the National Health Service (Scotland) Act 1978 or in relation to hospitals, or to their functions with respect to research as Lanarkshire Health Board think fit.

(5) Any dispute in relation to the scheme is to be referred to the Scottish Ministers whose decision is final.

Duties in relation to the making of the scheme and criteria to be considered

6.—(1) In making the scheme under article 5 Lanarkshire Health Board and Greater Glasgow Health Board must ensure that property situated in, and rights and liabilities as respects, a place or area which is within the area of Lanarkshire Health Board as varied by article 3, transfers to Lanarkshire Health Board.

(2) Where it appears to Lanarkshire Health Board and Greater Glasgow Health Board that the criterion in paragraph (1) is not adequate to determine whether any property, right or liability transfers to Lanarkshire Health Board they may apply any other criteria that they agree is appropriate for this purpose.

(3) Lanarkshire Health Board and Greater Glasgow Health Board must co-operate with each other in the preparation of the scheme, and in particular must provide one another with any information required to prepare and make the scheme.

Publication of the scheme

7.—(1) Lanarkshire Health Board and Greater Glasgow Health Board must publish the scheme no later than 1st March 2014.

(2) The scheme must be published on the website of each of Lanarkshire Health Board and Greater Glasgow Health Board, in at least one national newspaper circulating throughout Scotland and in at least one local newspaper circulating in the area of each of these Health Boards.

PART 3 PROVISION IN RESPECT OF LISTS OF LANARKSHIRE HEALTH BOARD AND GREATER GLASGOW HEALTH BOARD

Provision in respect of dental, ophthalmic, pharmaceutical, provisional pharmaceutical and primary medical services performers lists of Lanarkshire Health Board and Greater Glasgow Health Board

8.—(1) Any entry on a list of Greater Glasgow Health Board on 1st April 2014 which relates to places or premises situated in the area of Lanarkshire Health Board as varied by article 3 is deemed, on and after 1st April 2014, to be an entry on the list of that description of Lanarkshire Health Board.

(2) As soon as practicable after 1st April 2014—

(a) Greater Glasgow Health Board must remove from any list maintained by it any entry on that list which by virtue of paragraph (1) is deemed to be included on the list of Lanarkshire Health Board; and

(b) Lanarkshire Health Board must amend any list maintained by it to include any entry which by virtue of paragraph (1) is deemed to be included on that list.

(3) Any action taken by or on behalf of Greater Glasgow Health Board prior to 1st April 2014 in relation to any of its lists, or any entry on a list, as it relates to places or premises situated in the area of Lanarkshire Health Board as varied by article 3, has effect on and after 1st April as if the action had been taken by Lanarkshire Health Board in relation to that list or entry.

(4) Any action taken by or on behalf of any other person prior to 1st April 2014 in relation to any list or entry on a list of Greater Glasgow Health Board as it relates to places or premises situated in the area of Lanarkshire Health Board as varied by article 3, has effect on and after 1st April 2014 as if the action had been taken in relation to that list or entry on a list of Lanarkshire Health Board.

ALEX NEIL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

10th December 2013