SCHEDULE 1Enactments applied to the Board
PART 1The Act
Column 1 | Column 2 | Column 3 |
---|---|---|
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
Column 1 | Column 2 | Column 3 |
---|---|---|
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 | Column 2 | Column 3 |
---|---|---|
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 |