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Scottish Statutory Instruments
National Health Service
Made
18th May 2022
Laid before the Scottish Parliament
20th May 2022
Coming into force
1st August 2022
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(5), 25(1) and (2) and 105(7) of the National Health Service (Scotland) Act 1978(1) and all other powers enabling them to do so.
1978 c. 29. Section 2(5) was amended by section 66(1) and paragraph 19(1) of schedule 9 of the National Health Service and Community Care Act 1990 (c. 19). Section 25(1) and (2) was amended by sections 15 and 17 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13). Section 105(7) was amended by paragraph 5(1) of schedule 6 of the Health Services Act 1980 (c. 53), paragraph 24 of schedule 9 of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), and paragraph 60 of schedule 4 of the Health Act 1999 (c. 8) (“the 1999 Act”). Section 108(1) contains a definition of “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. See section 66(1) of the 1999 Act in relation to any provision of that Act being taken to be a pre-commencement enactment within the meaning of the Scotland Act 1998 (c. 46) (“the 1998 Act”). The functions of the Secretary of State, insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.
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