The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014

Regulation 2

SCHEDULE 1

Functions prescribed for the purposes of section 1(6) of the Act

Column A	Column B
The National Health Service (Scotland) Act 1978(1)
All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978.	Except functions conferred by or by virtue of—
	section 2(7) (Health Boards);
	section 9(2) (local consultative committees);
	section 17A(3) (NHS contracts);
	section 17C(4) (personal medical or dental services);
	section 17J(5) (Health Boards’ power to enter into general medical services contracts);
	section 28A(6) (remuneration for Part II services);
	section 48(7) (residential and practice accommodation);
	section 57(8) (accommodation and services for private patients);
	section 64(9) (permission for use of facilities in private practice);
	section 79(10) (purchase of land and moveable property);
	section 86(11) (accounts of Health Boards and the Agency);
	section 88(12) (payment of allowances and remuneration to members of certain bodies connected with the health services);
	paragraphs 4, 5, 11A and 13 of Schedule 1(13) (Health Boards);
	and functions conferred by—
	The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000(14);
	The Health Boards (Membership and Procedure) (Scotland) Regulations 2001(15),
	The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004(16);
	The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 (17)
	The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006(18);
	The National Health Service (Discipline Committees) (Scotland) Regulations 2006(19);
	The National Health Service (Appointment of Consultants) (Scotland) Regulations 2009(20);
	The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009(21); and
	The National Health Service (General Dental Services) (Scotland) Regulations 2010(22).
Disabled Persons (Services, Consultation and Representation) Act 1986(23)
Section 7 (persons discharged from hospital)
Community Care and Health (Scotland) Act 2002(24)
All functions of Health Boards conferred by, or by virtue of, the Community Care and Health (Scotland) Act 2002.
Mental Health (Care and Treatment) (Scotland) Act 2003(25)
All functions of Health Boards conferred by, or by virtue of, the Mental Health (Care and Treatment) (Scotland) Act 2003.	Except functions conferred by section 22 (approved medical practitioners).
Education (Additional Support for Learning) (Scotland) Act 2004(26)
Section 23 (other agencies etc. to help in exercise of functions under this Act)
Public Health etc. (Scotland) Act 2008(27)
Section 2 (duty of Health Boards to protect public health)
Section 7 (joint public health protection plans)
Public Services Reform (Scotland) Act 2010(28)
All functions of Health Boards conferred by, or by virtue of, the Public Services Reform (Scotland) Act 2010.	Except functions conferred by—
	section 31(Public functions: duties to provide information on certain expenditure etc.); and
	section 32 (Public functions: duty to provide information on exercise of functions).
Patient Rights (Scotland) Act 2011(29)
All functions of Health Boards conferred by, or by virtue of, the Patient Rights (Scotland) Act 2011.

(1)

1978 c.29.

(2)

As relevantly amended by the National Health Service and Community Care Act 1990 (c.19), section 29(5) and the Health Act 1999 (c.8), Schedule 4.

(3)

Section 17A was inserted by the National Health Service and Community Care Act 1990 (c.19) and was relevantly amended by the National Health Service (Primary Care) Act 1997 (c.46), Schedule 2; the Health Act 1999 (c.8), Schedules 4 and 5; the Health and Social Care (Community Health and Standards) Act 2003 (c.43), Schedule 14; the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 17; and the Health and Social Care Act 2012 (c.7), Schedule 21.

(4)

Section 17C was inserted by the National Health Service (Primary Care) Act 1997 (c.46), section 21 and relevantly amended by the Primary Medical Services (Scotland) Act 2004 (asp 1), section 2.

(5)

Section 17J was inserted by the Primary Medical Services (Scotland) Act 2004 (asp 1), section 4.

(6)

Section 28A was inserted by the Health Act 1999 (c.8), section 57.

(7)

The functions of the Secretary of State under section 48 are conferred on Health Boards by virtue of S.I. 1991/570.

(8)

Section 57 was substituted by the Health and Medicines Act 1988 (c.49), section 7(11), and relevantly amended by the National Health Service and Community Care Act 1990 (c.19), Schedules 9 and 10. The functions of the Secretary of State under section 57 are conferred on Health Boards by virtue of S.I. 1991/570.

(9)

The functions of the Secretary of State under section 64 are conferred on Health Boards by virtue of S.I. 1991/570.

(10)

As relevantly amended by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 7. National Health Service and Community Care Act 1990 (c.19), Schedule 9, the Requirements of Writing (Scotland) Act 1995 (c.7), Schedule 5 and the National Health Service Reform (Scotland) Act 2004 (asp 7), schedule 1. The functions of the Secretary of State under section 79 are conferred on Health Boards by virtue of S.I. 1991/570.

(11)

As relevantly amended by the National Health Service and Community Care Act 1990 (c.19), section 36(6) and the Public Finance and Accountability (Scotland) Act 2000 (asp 1), schedule 4.

(12)

The functions of the Secretary of State under section 88(1)(e) and (2)(d) are conferred on Health Boards by virtue of S.I. 1991/570. There are no amendments to section 88 relevant to the exercise of these functions by a Health Board.

(13)

Paragraph 4 of Schedule 4 was substituted by the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), schedule 1. Paragraph 5 of Schedule 1 was amended, and paragraph 11A of Schedule 1 inserted, by the Health Services Act 1980 (c.53), Schedule 6.

(14)

S.S.I. 2000/54; to which there are amendments not relevant to the exercise of a Health Board’s functions .

(15)

S.S.I. 2001/302; to which there are amendments not relevant to the exercise of a Health Board’s functions.

(16)

S.S.I. 2004/114; as relevantly amended by S.S.I. 2004/216; S.S.I. 2006/136; S.S.I. 2007/207 and S.S.I. 2011/392.

(17)

S.S.I. 2004/116; as relevantly amended by S.S.I. 2004/217; S.S.I. 2010/395; and S.S.I. 2011/55.

(18)

S.S.I. 2006/135; as relevantly amended by S.S.I. 2007/193; S.S.I. 2010/86; S.S.I. 2010/378 and S.S.I. 2013/355.

(19)

S.S.I. 2006/330; amended by S.S.I 2009/183; S.S.I. 2009/308; S.S.I. 2010/226; S.I. 2010/231 and S.S.I. 2012/36.

(20)

S.S.I. 2009/166; to which there are amendments not relevant to the exercise of a Health Board’s functions.

(21)

S.S.I. 2009/183; as relevantly amended by S.S.I. 2009/209; S.S.I. 2011/32; and S.S.I. 2014/148.

(22)

S.S.I. 2010/208, as relevantly amended by S.S.I. 2004/292 and S.S.I 2010/378.

(23)

1986 c.33; section 7 is relevantly amended by S.I. 2013/2341.

(24)

2002 asp 5.

(25)

2003 asp 13.

(26)

2004 asp 4.

(27)

2008 asp 5.

(28)

2010 asp 8.

(29)

2011 asp 5.