The Healthcare Improvement Scotland (Delegation of Functions) Order 2016

Scottish Statutory Instruments

2016 No. 86

National Health Service

Public Health

The Healthcare Improvement Scotland (Delegation of Functions) Order 2016

Made

2nd February 2016

Laid before the Scottish Parliament

4th February 2016

Coming into force

1st April 2016

The Scottish Ministers make the following Order in exercise of the power conferred by section 10D(1) of the National Health Service (Scotland) Act 1978(1) and all powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Healthcare Improvement Scotland (Delegation of Functions) Order 2016 and comes into force on 1st April 2016.

(2) In this Order, “HIS” means Healthcare Improvement Scotland(2).

Delegation of function

2.  The function of giving a direction to Health Boards under section 2(5) of the National Health Service (Scotland) Act 1978, insofar as the direction relates to closing a hospital ward to new admissions, is delegated to HIS who may exercise that function where article 3 applies.

3.  This article applies where—

(a) the direction is necessary in exercise of the Health Board’s duties under sections 36 and 37 of the National Health Service (Scotland) Act 1978(3); and

(b) HIS believes that, in the absence of such a direction, there is a serious risk to the life, health or wellbeing of persons.

SHONA ROBISON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

2nd February 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order delegates functions to Healthcare Improvement Scotland (“HIS”). The Scottish Ministers have a power, in section 2(5) of the National Health Service (Scotland) Act 1978, to issue directions to Health Boards. That direction making power is delegated to HIS in certain circumstances (articles 2 and 3).

(1)

1978 c.29 (“the 1978 Act”). Section 10D was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8) (“the 2010 Act”).

(2)

Healthcare Improvement Scotland was established under section 10A of the 1978 Act which was inserted by section 108 of the 2010 Act.

(3)

The duties of Health Boards under sections 36 (accommodation and services) and 37 (prevention of illness, care and after-care) are conferred upon them by the Functions of Health Boards (Scotland) Order 1991 (S.I. 1991/570).