EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008 (“the principal Order”), which specified the functions to be undertaken by the Common Services Agency for the Scottish Health Service (“the Agency”). The Agency is constituted by section 10(1) of the National Health Service (Scotland) Act 1978.

Articles 2(a), (b) and (d) to (h) set out amendments to the functions of the Agency set out in article 1 of the principal Order. The effect of the amendments is to clarify that the Agency has the function of the national commissioning of clinical services, and has the following functions: the making of arrangements for immunisation against all diseases; the provision of human blood, cells and tissues, which were acquired for the purpose of health service but not required for those services, to other persons; the conducting of, or the provision of facilities and funding for, teaching, training and research related to the health service; functions relating to property and power to form, or participants in forming, companies.

Article 2(c) amends the principal Order to reflect the dissolution of the Health Protection Agency. The Health Protection Agency formerly exercised certain functions in Scotland, and the principal Order provided that the Agency’s functions did not include certain functions to the extent that they were exercised by the Health Protection Agency. The amendment removes this provision.