SCHEDULES

SCHEDULE 1Enactments applied to the Board

Article 5(1)

PART 1The Act

Column 1

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Enactment

Nature of Provision

Modifications and Limitations (where applicable)

In the Act—

In part 1—

Organisation

In section 2—

Health Boards

Subsection (3)

Variation of area of Health Board

Subsection (4)

Provision incidental to variation of area of Health Board

Subsection (5)

Health Boards to act in accordance with regulations or directions18

Subsection (8)

Health Board to act as principal

In section 10—

Common Services Agency

Subsection (4)

Power to provide that functions of Health Boards may be referred to the Agency19

Section 12J

Co-operation with other Health Boards, Special Health Boards and the Agency20

In subsection (1) for “one another” substitute “Health Boards”.

In subsection (2)(a) for “another” substitute “a”.

Omit “other”.

In subsection (2)(b) omit “other”.

In subsection (3)(a) for “another” substitute “a”.

Section 12K

Power of Health Board to carry out other Health Board’s functions21

For “another” substitute “a”.

After “Health Board” insert “or Special Health Board” each time it appears.

Section 13

Co-operation between Health Boards and other Authorities22

After “integration joint boards” insert “, Health Boards”.

Section 13A

Co-operation in planning of services for disabled persons, the elderly and others23

After “(including HIS” insert “and Health Boards”.

In section 15—

Supply of goods and services to local authorities, etc.

Subsection (1)(b)

Supply etc. of equipment, goods or materials to local and education authorities, government departments and other public bodies

Subsection (1)(c)

Provision of services to local and education authorities24

Subsection (1)(d)

Use of health service premises by local and education authorities

Subsection (1)(e)

Use of health service vehicles etc. by local and education authorities25

Subsection (2)

Arrangements with third parties for the supply of equipment, goods and materials26

For “paragraphs (a) and” substitute “paragraph”.

Omit “(including paragraph (a)” to “subsection (1A))”.

Section 16A

Power to make payments towards expenditure on community services27

In part IV—

Powers of the Scottish Ministers

Section 77

Default powers28

Section 78B

Relationship of sections 77, 78 and 78A29

In part V—

Property and Finance

In section 79—

Purchase of land and moveable property

Subsection (3)

Power to acquire moveable property on behalf of the Scottish Ministers30

In section 83—

Power of Health Boards and local health councils to hold property on trust

Subsection (1)

Power to hold property on trust31

Subsection (1A)

Power to hold property on trust32

Section 84

Power of trustees to make payments to Health Boards33

Section 84A

Power to raise money and property by appeals, collections and other similar activities34

Section 84B

Joint ventures35

Section 85AA

Means of meeting expenditure of health boards out of public funds36

In section 85A

Financial duties of bodies referred to in section 85

Subsection (4)

Disregard for the purposes of the section of certain trust funds37

Section 86

Provision in relation to the keeping and auditing of accounts and their submission to the Scottish Ministers38

Section 87

Power to make regulations as to financial arrangements of health service bodies39

In schedule 1–

Health Boards

Paragraph 1

Health Boards to be bodies corporate and have a common seal

In paragraph 2

Appointment of Chairman and members40

Sub-paragraph (1)

Health Boards to consist of certain types of members

In sub-paragraph 1(b), omit “following nomination” to the end.

Paragraph 3A

Chairman may not be an employee of that Health Board41

Paragraph 4

Payment of remuneration to the Chairman and such members of Health Boards as may be prescribed42

Paragraph 5

Employment of officers and servants43

Paragraph 5A

Provision concerning regulations and directions made under paragraph 5 above44

Paragraph 6

Power to make regulations as to method of appointment, qualifications, remuneration and conditions of service of officers and servants

Paragraph 7

Officers and servants employed in accordance with regulations and directions45

Paragraph 7A

Power to make regulations providing for transfer of officers and servants46

In sub-paragraph (a) for “another” substitute “a”. After sub-paragraph (a), insert “(aa) another Special Health Board;”.

Paragraph 7B

Directions to Health Boards to place officers or servants at disposal of other bodies47

Paragraph 11

Power to make regulations as to appointments, committees and procedure48

Paragraph 11A

Subscription to funds of other bodies49

Paragraph 12

Proceedings not to be invalidated by vacancies50

Paragraph 13

Payment to members of a Health Board and its committees and sub-committees of travelling and other allowances, including compensation for loss of remunerative time

Omit “, including compensation for loss of remunerative time,”.

Paragraph 14

Allowances not payable except in circumstances determined by the Scottish Ministers

Paragraph 15

Time and method of payment of allowances

In schedule 5—

The Agency

Paragraph 7B

Power to make regulations providing for the transfer of officers and servants51

Paragraph 7C

Power to make directions as to placing of staff with other bodies52

PART 2Acts other than the Act

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Enactment

Nature of Provision

Modifications and Limitations (where applicable)

The Public Bodies (Admission to Meetings) Act 196053

Admission of the public to meetings

Requirements of Writing (Scotland) Act 199554

Where they have delegated any function relating to the acquisition, management or disposal of land, power of the Scottish Ministers to authorise any officer of a Health Board to sign a document on their behalf

Schedule 2, paragraph 6

PART 3Enactments other than Acts of Parliament

Column 1

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Enactment

Nature of Provision

Modifications and Limitations (where applicable)

The National Health Service (Professions Supplementary to Medicine) (Scotland) Regulations 197455

Prohibits employment for provision of services under the National Health Service of certain health professionals unless they are registered under the Health and Social Work Professions Order 2001

The National Health Service (Financial Provisions) (Scotland) Regulations 197456

Preparation of estimates of income and expenditure and accounts of Health Boards and related matters of a financial nature

Limited to exclude the application of any provisions which relate to Local Health Councils or the Common Services Agency.

The National Health Service (Remuneration and Conditions of Service) (Scotland) Regulations 199157

The determination of remuneration and conditions of service of officers of Health Boards

The Health Boards (Membership and Procedure) (Scotland) Regulations 200158

Provision as to the membership of, and procedure to be applied by, Health Boards

The Electronic Documents (Scotland) Regulations 201459

Where they have delegated any function relating to the acquisition, management or disposal of land, power of the Scottish Ministers to authorise any officer of a Health Board to authenticate an electronic document on their behalf

Regulation 5