SCHEDULES
Article 5(1)
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 directions() | |
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 Agency() | |
Section 12J | Co-operation with other Health Boards, Special Health Boards and the Agency() | 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 functions() | 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 Authorities() | After “integration joint boards” insert “, Health Boards”. |
Section 13A | Co-operation in planning of services for disabled persons, the elderly and others() | 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 authorities() | |
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 authorities() | |
Subsection (2) | Arrangements with third parties for the supply of equipment, goods and materials() | For “paragraphs (a) and” substitute “paragraph”. |
Omit “(including paragraph (a)” to “subsection (1A))”. |
Section 16A | Power to make payments towards expenditure on community services() | |
In part IV— | Powers of the Scottish Ministers | |
Section 77 | Default powers() | |
Section 78B | Relationship of sections 77, 78 and 78A() | |
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 Ministers() | |
In section 83— | Power of Health Boards and local health councils to hold property on trust | |
Subsection (1) | Power to hold property on trust() | |
Subsection (1A) | Power to hold property on trust() | |
Section 84 | Power of trustees to make payments to Health Boards() | |
Section 84A | Power to raise money and property by appeals, collections and other similar activities() | |
Section 84B | Joint ventures() | |
Section 85AA | Means of meeting expenditure of health boards out of public funds() | |
In section 85A | Financial duties of bodies referred to in section 85 | |
Subsection (4) | Disregard for the purposes of the section of certain trust funds() | |
Section 86 | Provision in relation to the keeping and auditing of accounts and their submission to the Scottish Ministers() | |
Section 87 | Power to make regulations as to financial arrangements of health service bodies() | |
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 members() | |
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 Board() | |
Paragraph 4 | Payment of remuneration to the Chairman and such members of Health Boards as may be prescribed() | |
Paragraph 5 | Employment of officers and servants() | |
Paragraph 5A | Provision concerning regulations and directions made under paragraph 5 above() | |
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 directions() | |
Paragraph 7A | Power to make regulations providing for transfer of officers and servants() | 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 bodies() | |
Paragraph 11 | Power to make regulations as to appointments, committees and procedure() | |
Paragraph 11A | Subscription to funds of other bodies() | |
Paragraph 12 | Proceedings not to be invalidated by vacancies() | |
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 servants() | |
Paragraph 7C | Power to make directions as to placing of staff with other bodies() | |
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 1960() | Admission of the public to meetings | |
Requirements of Writing (Scotland) Act 1995() | 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 1974() | 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 1974() | 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 1991() | The determination of remuneration and conditions of service of officers of Health Boards | |
The Health Boards (Membership and Procedure) (Scotland) Regulations 2001() | Provision as to the membership of, and procedure to be applied by, Health Boards | |
The Electronic Documents (Scotland) Regulations 2014() | 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 |
Article 8
SCHEDULE 2Consequential Amendments
PART 1Acts
The Ethical Standards in Public Life etc. (Scotland) Act 2000
1.—(1) The Ethical Standards in Public Life etc. (Scotland) Act 2000() is amended as follows.
(2) In paragraph 1 of schedule 3 (devolved public bodies)—
(a)omit the entry for “NHS Health Scotland”, and
(b)after “The Poverty and Inequality Commission” insert “Public Health Scotland”.
The Freedom of Information (Scotland) Act 2002
2.—(1) The Freedom of Information (Scotland) Act 2002() is amended as follows.
(2) In Part 4 (the national health service) of schedule 1 (Scottish public authorities)—
(a)omit paragraph 32B, and
(b)after paragraph 35 insert—
“35A. Public Health Scotland.”
The Public Appointments and Public Bodies etc. (Scotland) Act 2003
3.—(1) The Public Appointments and Public Bodies etc. (Scotland) Act 2003() is amended as follows.
(2) In schedule 2 (the specified authorities) under the heading “National Health Service bodies”, in the entry for “any Special Health Board” omit paragraph (iv) and the “or” immediately preceding it.
The Civil Contingencies Act 2004
4.—(1) The Civil Contingencies Act 2004() is amended as follows.
(2) In Part 4 (category 2 responders: Scotland) of schedule 1 (category 1 and 2 responders), after paragraph 38 insert—
“38A. Public Health Scotland constituted by the Public Health Scotland Order 2019().”.
The Local Electoral Administration and Registration Services (Scotland) Act 2006
5.—(1) The Local Electoral Administration and Registration Services (Scotland) Act 2006() is amended as follows.
(2) In section 57 (keeping of central register for health and local authority purposes)—
(a)in subsection (1) after “Health Boards,” insert “Public Health Scotland,”, and
(b)in subsection (2)(b) after “Health Board” insert “, Public Health Scotland”.
The Public Health etc. (Scotland) Act 2008
6.—(1) The Public Health etc. (Scotland) Act 2008() is amended as follows.
(2) In section 15 (notifiable diseases and health risk states: duties on health boards)—
(a)in subsection (1) after “common services agency”, insert “and Public Health Scotland”, and
(b)in subsection (5)(a) after “common services agency”, insert “and Public Health Scotland”.
(3) In section 16(5) (notifiable organisms: duties on directors of diagnostic laboratories)—
(a)in paragraph (a) omit “and”,
(b)in paragraph (b) for “agency.” substitute “agency; and”, and
(c)after paragraph (b) insert—
“(c)Public Health Scotland.”.
(4) In section 21(2) (public health investigations) after paragraph (c) insert—
“(ca)Public Health Scotland;”.
The Certification of Death (Scotland) Act 2011
7.—(1) The Certification of Death (Scotland) Act 2011() is amended as follows.
(2) In section 24(1)(b) (fees in respect of medical reviewer functions) for “the Common Services Agency for the Scottish Health Service” substitute “Public Health Scotland”.
(3) In section 31 (interpretation) after the definition of “medical reviewer” insert—
““Public Health Scotland” means the Special Health Board of that name constituted by the Public Health Scotland Order 2019();”.
The Islands (Scotland) Act 2018
8.—(1) The Islands (Scotland) Act 2018() is amended as follows.
(2) In the schedule (duties in relation to island communities: relevant authorities)—
(a)Omit paragraph 49, and
(b)After paragraph 57 insert—
“57A. Public Health Scotland.”.
PART 2Enactments other than Acts of Parliament
The Abortion (Scotland) Regulations 1991
9.—(1) The Abortion (Scotland) Regulations 1991() are amended as follows.
(2) In regulation 5(a) (restriction on disclosure of information) for “the Common Services Agency for the Scottish Health Service” substitute “Public Health Scotland”.
The National Health Service Central Register (Scotland) Regulations 2006
10.—(1) The National Health Service Central Register (Scotland) Regulations 2006() are amended as follows.
(2) In schedule 1 (additional information which may be contained in an entry in, and obtained from persons or places to create and maintain, the register), in the table, in entry 4(a)(i) in column (1), for “the Common Services Agency” substitute “Public Health Scotland”.
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
11.—(1) The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009() are amended as follows.
(2) In paragraph 6(6)(a)(iv) (duties of drivers, escort commanders, masters, carriers and consignors in the event of a radiation emergency) of part 1 (radiation emergencies) of schedule 2 (radiation emergencies and notifiable events) for “Health Protection Scotland” substitute “Public Health Scotland”.
The Public Water Supplies (Scotland) Regulations 2014
12.—(1) The Public Water Supplies (Scotland) Regulations 2014() are amended as follows.
(2) In regulation 38(1)(c) (notification of health risk events) for “Health Protection Scotland” substitute “Public Health Scotland”.
The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015
13.—(1) The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015() is amended as follows.
(2) In schedule 1 (listed bodies) under the heading “National health service” after “NHS Education for Scotland” insert “Public Health Scotland”.
The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018
14.—(1) The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018() are amended as follows.
(2) In paragraph 7(c) (storage of vaccines) of schedule 6 (other contractual terms) for “Health Protection Scotland” substitute “Public Health Scotland”.
The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018
15.—(1) The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018() are amended as follows.
(2) In paragraph 5(c) (storage of vaccines) of schedule 1 (content of agreements) for “Health Protection Scotland” substitute “Public Health Scotland”.
The Radiation (Emergency Preparedness and Public Information) Regulations 2019
16.—(1) The Radiation (Emergency Preparedness and Public Information) Regulations 2019() are amended as follows.
(2) In regulation 10(5)(f)(ii) (operator’s emergency plan) for “Health Protection Scotland” substitute “Public Health Scotland”.
(3) In regulation 11(5)(g)(ii) (local authority’s off-site emergency plan) for “Health Protection Scotland” substitute “Public Health Scotland”.